Advice on property matter
Rajinder KumarAhuja9990725300
(Querist) 02 January 2013
This query is : Resolved
Dear expert,
We are four brothers.Two are living abroad.My mother purchased a plot of land in Delhi in 1964.She constructed 4 rooms on that plot.She lived there for sometime and than letout those rooms. Out of the four, one room was rented out to one Smt Asha at a rent of Rs.27/- per month.She continued to live alongwith her husband and children. My mother has expired in 1999.None of the LRs took pain to collect the rent from the tenant.The tenant purchased property in Delhi and we were sure that she will hand us possession.She apporaached my brother at his residence and asked for some money to vacate the house. He did not agree.Recently, with the help of some of the local goons she has constructed on the back portion of the house some rooms. She has also constructed one room on the remaining area of the plot in the front portion.We have been informed through some local property dealers, who happens to be son of the property dealer through whom the property was purchased by us, that our property has been encroached by some local goons. They also informed us that some person has filed a civil suit in Delhi claiming to the owner of the property and asked her(our tenant) to hand over possession as she has failed to pay rent to him. There were old items of furniture and machines etc lying in the three rooms.There were two entry doors.The lock to the front door of entry was with Smt Asha.There was a lock on all three rooms and on the rear entry door of the premises.The MCD and Police has been made party in the suit. The police has recorded the statement of Smt Asha, who has claimed that the property was handed over to her by one of my brothers who is living abroad as caretaker.But they have shown inability to give us copy of he statement given by Smt.Asha. I have been informed that son of Smt Asha is a Drunkered and local goon.The financer are also known as land grabbers of the area. It is very clear that Smt Asha, her son and her daughter in law has done all this with the help of local goons/builders/property dealers.
Kindly advise 1)how to get rid of the tenant and local builder/goon? 2)Under what sections the complaint can be filed and against whom?3) How the suit has been filed in a court without first showing complete chain of title to property? 4)Can I proceed for the whole family as LR of my mother? Pl give some citation to prove my capacity to become the party to the pending suit as Respondent in the absence of brothers not in India.What documents are required from them and how to get these.
I believe our experts must have encountered such situations in courts. Sir what is the procedure for getting it(GPA) from abroad-U.K. Do we need to file complaint in the police? Thanks in advance.
Thanks in advance.
ajay sethi
(Expert) 02 January 2013
go to delhi . contact a local lawyer . show him your property papers . on your mother death all her 4 children are legal heirs . since your mother has died without leaving a will make an application for mutaion of property in name of legal heirs . obtain power of attorney from your brothers .
issue tenant legal notice for eviction on account of non payment of rent and for encroachment on your property .
Rajinder KumarAhuja9990725300
(Querist) 03 January 2013
Thanks. Sir what is the procedure for getting it(GPA) from abroad-U.K. Do we need to file complaint in the police? Thanks in advance.
ajay sethi
(Expert) 03 January 2013
your lawyer will prepare send it to your borthers . it has to be affirmed before indian consulate
