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Pagadi system chawl house ownership

(Querist) 02 September 2016 This query is : Resolved 
Hi...
I have pagadi system house.still rent receipt comes on my grand father name. due to rent receipt come on my grand father name my cousin asking share . but this house is given by my grand father to my father. with family settlement but that time my father dint make any legal document on his name . it was oral settlement front of family member, everybody knows that house has been given to my father. since 40 year my father is paying rent to owner and our all document is on said premises ( Ration card Light bill, Adharcard, Voting Card) Light Bill and ration Card is on My mother name. because of house is pagadi system we enable to register on our name. after my uncle and my father demise suddenly my cousin stand for there share in said premises now they are troubling to my mother. since they know that premises all ready given to my dad. and they are not staying with us said premise over 40 year. even they don't have any residential proof on said premise. but now this property going on redevelopment they have submitted written objection affidavit to our chawl society . but all ready all document accepted on my mother name by mhada govt. but left over procedure still left by builder. What i can do in such situation which builder and society will not consider there objection . 3 year before we have took there NOC cum affidavit for our personal reason that time they gave us NOC and now they are denying WE have Notarize that NOC But Couldn't Make "register because our lawyer said chawl property cant be register.
I hope good advise
thanks and Regard


Tanvi Kulkarni
Guest (Expert) 02 September 2016
Please clarify whether it is SRA scheme or normal Mahrashtra Rent Control Act matter ?

Raj Kumar Makkad (Expert) 02 September 2016
Once NOC has been given by your cousin and his other companions then they cannot withdraw it and you need to insist upon their earlier undertaking clubbed with the entire documents in your hands.
Rajendra K Goyal (Expert) 03 September 2016
try to have amicable settlement.

You should have got transferred the property rent receipt in the name of your father / mother.

Now also, you have good case in your favor, in case of need submit copy of affidavit / NOC for redevelopment process.

If the builder does not agree discuss with your lawyer and move court for orders.
TanviKulkarni (Querist) 03 September 2016
Hi....

This Pagadi Property is Private land, society gave to mhada govt development. Builder is Private.

i want to know what i should produce in written to society and builder, against my cousin objection.

we have already give latter to owner to transfer rent receipt but owner is not transferring rent receipt to any one . also other chawl member rent receipt comes on old tenant name.
Guest (Expert) 03 September 2016
@Tanvi Kulkarni

See bit confused on your statement , MAHADA function under MAHADA Act , so how Mahada came in picture.

All your statements are contradicting legally in my opinion.

You are introducing many laws and mixing many laws at single time . To understand your case all documents required personal study.

Most probably it may be Slum Redevelopment Project (Because in such project all is mixing and all illegal )

Rajendra K Goyal (Expert) 03 September 2016
All related documents need to be referred, discuss with local lawyer.
Kumar Doab (Expert) 03 September 2016
Local counsel can help you.

TanviKulkarni (Querist) 03 September 2016
Hi ....
This is not Slum which is related to SRA development. we approach to owner for Chawl redevelopment and land lord give us permission to redevelopment for redevelopment need to take permission from govt., that we have taken from Mhada Govt.and Private builder is making project. this is only private land of owner who made a chawl many year ago, my grand father is is first tenant since 1940, after my grand father demise my father family continue in same premise.

Guest (Expert) 03 September 2016
Planing authority is BMC in such case then why BMC is ignored
Guest (Expert) 03 September 2016
Brihan Mumbai Municipal Corporation approves Building Plan why it is ignored in this case
Rajendra K Goyal (Expert) 28 September 2016
Author need to take note of the advice from expert Madhu who is well versed with such rules.


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