Imlamalak -rights in fathers property
Mendon
(Querist) 04 October 2016
This query is : Resolved
Hi....I am a married women, having 5 brothers…My father was a Imlamalak in one huge property, but there was no agreement / property card mentioned that he was an Imlamalak. Staying in same place before marriage. After one years of marriage my father died ,leaving no will . My 5 brothers constructed chawls and galas in that land where my father was Imlamalak without the consent of owner and neither the owner came back. The chawls were given on pagadi system and galas were sold. In this no share was given to me i.e being a Sister ..From that sold property they purchased another property in their own name i.e 5 brothers . I being a sister has no rights in the property where my father was Imlamalak ? The property which they purchased in their own name by selling fathers acquired property. Brother has no other source of income ..there are enjoying the rights in both the property,,In Fathers property they are taking rent and other property they are also enjoying the rights .
Does a married women has right to claim the fathers property and the property which they hav purchased i.e new property ? Please guide what needs to be done. Being a sister , what evidence can I give to the court if am filing suit against them ?
Thanking you in anticipation
Guest
(Expert) 04 October 2016
Imla malik - is not legal term it is usage and Father may be considered as encroach er legally etc.
First go to land record dept.
If in Maharashtra , and in City then City survey office , ask for that area survey sheet.
Take zerox of survey sheet under RTI or if survey sheet is available for sale purchase it .
Govt. survey sheet are there for sale but they are in bad shape so although they show you purchased survey sheet they will tell you to make good quality zerox on your own expenses and put stamp and give you.
Locate survey no. hissa no.etc from Survey sheet
Then remove land records that is Property Card/ 7/12 and see details
Then revert back with details to me here or at my email address kmadhu786@gmail.com
If it is in Maharashtra I can guide you further else there will be lot difficulties.
Process will be different and very lengthy and costly too , because first encroachment regularizing under relevant laws is required to be done then next step . etc.
If in Maharashtra and Maharashtra Govt land then in land revenue code encroachment regularizing section is there you need to use it and get it done , but you need to pay premium , penalty etc. and it is costly affair.
Don't expect free lunch .
To get preliminary papers keep budget of min. 10,000
and to regularize encroachment certain % as per ready recknoer of stamp duty you need to pay in treasury of state.
And valuation is in lakhs .
If you go in Court first you need to pay Court fee and second if you don't have title in land and it is Govt. land , Govt will be necessary party and again further complication .
This imla malik is no legal standing
Guest
(Expert) 04 October 2016
When I read your query again I saw you mention some owner name.
In that case adverse possession can be claimed by person in possession against owner (If indeed he is possession) but again in Court you need to pay court fee .
I Can not ans. further question because document analysis is required in this case .
1) Survey Sheet
2) Land Records
3) Other records on property Govt/Semi Govt.
4) Site inspection
5) Local Govt tax record
6) If Slum declared relavant documents under provision of slum area act
List is big
So without analysis to jump to conclusion is wrong
Rajendra K Goyal
(Expert) 04 October 2016
Collect all related documents, show all documents to local lawyer and discuss.
Kumar Doab
(Expert) 04 October 2016
Agreed.
First of all obtain all related docs and show these to a very able counsel.
