SRA flat
arun kumar
(Querist) 20 December 2013
This query is : Resolved
Hello Experts,
I need your valuable guidance in my below mentioned eventwise query.
1) I had purchased a hut in year 1986 in slum area of mumbai and was iiving there with my wife.
2) In year 1993 my younger brother came from native and started staying with me.
3) After my fathers death I called my mother to mumbai as she was alone in native.
4) My brothers wife also came with my mother so it become impossible for me to accommodate 7 people in that tiny hut and I was also very ill that time.
5) Being a Municipal employee I was aware that sooner or later the slum will go into SRA scheme.
6) I allowed my brother to stay in the same hut and I took a home loan and purchased a flat outside mumbai
7) As stated the hut is being redeloped under SRA scheme and authorities made me eligible in Annexure 2 and agreement also done on my name.
Things were going well but recently my mother passed away and my brother started showing his true colour he in behest of some society members putting pressure on me to give half share in the SRA flat otherwise he will sue me. I have already gave him Rs. 200000/- vide cheques during demolition of hut to find a alternate home which he did but he is become greedy.
Sir, I have all the proofs prior to 1995 and ration card till date so is there any possibility that he can litigate this matter.
I have two married son and one is staying on rent I have not sold the hut thinking their future in mind but my brother has become a source of nuisance for me. Please suggest that he has any rights.
ajay sethi
(Expert) 20 December 2013
no he dosent have any rights .your name is is in ration card prior to 1995 . you are eligible to be alloted accommodation under SRA scheme as your name is in Annexure 2
Rajendra K Goyal
(Expert) 20 December 2013
In the given facts, your brother has got no right.
arun kumar
(Querist) 21 December 2013
Respected Sir/s,
The society members had stopped my three cheques of compensation recived from developer they are stating that my brothers wife visits often in their office and cry in front of them but as far as I know they have taken money from her and promised her for half share.
sir my brother have his name included in ration card which is issued on my name sinch 1987 the only point he is maintaining that he was in possession of the said hut but where the question of possession arise when he himself handed over the said hut to society for demolition only after taking money from me to buy another hut.
Awaiting for your response.
arun kumar
(Querist) 22 December 2013
Sir please reply
Govind
(Expert) 24 December 2013
your brother have no right. if society members stopped payment, you have right to claim in court of law or through legal notice along with interest and you should complaint against your brother wife, society members and brother in police for harassment and forabetment
Rajendra K Goyal
(Expert) 25 December 2013
Society people have no right to hold your payment. file complaint with the Registrar of cooperative societies.
arun kumar
(Querist) 06 January 2014
Dear Experts,
My situation in my above query is getting worse day by day as a new fact I came to know is the society members have sticked a photo of my brother next to my photo in the agreement between me, society and developer does It affect my case in future only a photo of my brother is there no name no signature is mentioned as agreement is made on my name.
arun kumar
(Querist) 21 January 2014
Sir,
I request you to kindly suggest me an LCI lawyer who could handle my case.
arun kumar
(Querist) 07 November 2014
Sir,
My brother has filed an civil suit claiming 50% ownership on da basis dat he was in possession of da room and the said room was ancestral property and matter is being held at city civil court of mumbai.
I only want to confirm that can I take possession of the said room as of now by stating that the matter is pending nd if my brother wins I will have no option but to deliver him his claim of 50% ownership.
