Possession of suit premises.
arun kumar
(Querist) 06 November 2014
This query is : Resolved
Dear Advocates,
My father has been allotted an flat under SRA scheme but due but my uncle is pressurising my father to give 50% share in the said property....he by shaking hands with society members stopped our possession and key...and society too kept denying us to give keys of the said flat...now my uncle has filed an civil suit against my father 2) Society and 3) Developer claiming his half share and by fake statement that the said property is ancestral.
I need ur guidence that can I take possession of flat now as da matter is pending before the court and I am facing problems of residence.
Devajyoti Barman
(Expert) 06 November 2014
what is the basis of claim of your uncle? Indicate this first.
Rajendra K Goyal
(Expert) 07 November 2014
Repeated query:
http://www.lawyersclubindia.com/experts/SRA-flat-442511.asp
Ask further question on the query in the same thread.
malipeddi jaggarao
(Expert) 07 November 2014
No reply to repeated query. Continue in the same thread if need be.
arun kumar
(Querist) 08 November 2014
Dear all,
I have posted several threads in the original query even this time also i posted in that original query but I didnt get any reply hence I posted dis query if you can not reply in dis query please go through the original post but please reply.
ROHIT SHARMA
(Expert) 08 November 2014
1. As it is observed that your father had got the flat under the S.R.A. scheme whereby the old building structure and land which did belong to your father were undertaken for redevelopment by the builder.
2. On such land upon which new flats were raised and a society was formed and a flat was given to your father but your father's brother is disputing that the old house was an ancestral property and hence he too has 50 % share in such redeveloped housing society.
3. Now your uncle has filed a civil suit and has restrained the society to give you the possession to such flat.
4. The civil suit matter the documents filed by the uncle and the counter reply filed by you needs to be examined so as to infer as to whether the claim of the uncle that such old house was an ancestral property.
5. I would have been able to give rather more clear interpretation of the case matter if i had the opportunity to hear you and know the complete background of the case. This is not possible though these free query positing.
6. If need be for further legal consultation exclusive of such query posting, you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
T. Kalaiselvan, Advocate
(Expert) 11 November 2014
Without knowing the background and proper details, it will be difficult to give a proper opinion.
