Vacant flat two legal heirs
Sanjay
(Querist) 22 February 2016
This query is : Resolved
Hello Sir,
Residing in CHS at Mumbai (not conveyed CHS).
One person died in 2012-2013 at age 62 with no nomination & relatives behind (no relatives found visited at all). He was tenant since 30-40 years.
Two people are claiming flat,
1) Says his relative brother
2) Says claims money taken by dicease member & claims flat as well
this two members r fighting & locking the flat by breaking one & putting own.
1st claimer's friend started carrying out internal repair & renovation by breaking bricks.
MC oppose but 1st person did not stop work & he occupied it & not coming out.
MC want to have custody of flat & want to block unwanted people from entering & occupying flat, cause with them some gunda type of people r also coming.
When approch police, they said police cannot make anyone to vacate the flat.
Society members are afraid of thing happening in Society.
Please guide us with solution for MC to take flat under Society's custody & lock & block any such people.
Thanks in advance.
Santosh Goswami,Advocate
(Expert) 22 February 2016
iT SHOULD APPROACH THE CIVIL COURT WITH AN INJUNCTION SUIT. NOTICE WILL BE SERVED UPON BOTH THE CLAIMANT TO LAY THEIR CLAIM BEFORE THE COURT. TILL THEN COURT WILL APPOINT THE RECEIVER TO MAMAGE THE PROPERTY.
9555462995
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 February 2016
1) Report to Registrar of society
2) police complaint
3)Notice to strangers entered in flat
4)Give paper notice for deceased immediate heir/sucessor
5) finally bring injuction n appointing court receiver.
Adv Jeevan Patil, jeevansci@yahoo.com
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 February 2016
1) Report to Registrar of society
2) police complaint
3)Notice to strangers entered in flat
4)Give paper notice for deceased immediate heir/sucessor
5) finally bring injuction n appointing court receiver.
Adv Jeevan Patil, jeevansci@yahoo.com
Adv. Yogen Kakade
(Expert) 23 February 2016
As he was the tenant, his tenancy rights shall be over with his death.. no one else can claim the same.
Sanjay
(Querist) 23 February 2016
Thanks Goswami Sir, Patil Sir & Jurycon.
Rajendra K Goyal
(Expert) 23 February 2016
Take orders from the court against the illegal occupant.
Sanjay
(Querist) 24 February 2016
Thanks Sirs,
How much time approx. court will take for order or injuction ?
Thanks.
