Dear Sirs.
I am muslim female citizen , resident of Lucknow, Uttar Pradesh.I am seeking advice for below scenerio :
My father purchased a land in 1945 in MUMBAI . It was having 15 shops with few sheds to live .
My father rented these shops and shokeepers also live in these sheds on that land .One person among these shopkeepers was made authorised caretaker to collect rent.
As my Father health was not good, so he provided his brother (my uncle) legal rights by agreement in his name.
My father died few years after in 1961.
My uncle made a WILL and gave legal rights to his wife, of the property, excluding right to sell.
Ownership & Selling rights are provided to me in his WILL, only after my aunt death.
(My uncle and My Aunt did not had any child)
(My father and uncle were real brother and my mother and my aunty were real sisters)
My uncle also passed away in 1970.
In early 90's we did not got rent, so we enquired and came to know that In 1993, Municipal corporation of Mumbai , sent Attachment Warrant against non -payment of property taxes and other taxes (Rs 2,25,000 /- ), in my aunts name and legal heirs. Which she never recieved.(She was living in Lucknow,Uttar Pradesh)
My aunty passed away in 1994.
We got to know that tenants of the land in mumbai formed Tenants association and bid the auction and was awarded the land ownership for Rs 4,50,000 /- by BMC , in 1995.
But the sale letter was issued in the name of Co-operatiing housing society which was formed by the same members that of tenant association in 1995.
I am THE ONLY heir of this family tree now .I still have the Registry(Benama) papers of that property sold by someone to my father. Also I have WILL of my uncle which mentions Ownership & Selling rights to me.
Since, my father purchased the property, no contruction or any type of major change has been done by anyone on that land till date. But tenants or their successors still
occupy those shops and living in sheds on that land.
I have few queries:
Q1> Is this kind of auction legal for tenants?
Q2> If my aunt did not recieved attachment notice in lucknow, then was still the auction legal and can take place?
Q3> My aunty died in 1994 and auction took place in 1995. Is this valid auction?
Q4> Highest bidder in the auction was 'tenant association' formed by tenants of same property. Can such association participation in auction legal?
Q5> If my Q4 reply is yes than why did they formed co-operative housing society(CHS) and requested Municipal Corporation to issue sale letter on CHS name.
Q6> If these tenants are legal owners than why the property is in still same position (Neither selled to some developer nor contructed by tenants, but they still living in sheds which my father constructed for their family on that land with shops.
Q7> In latest Survey Register, (A) My Father Name , (B)- B Co-operative Housing Society Name My question , what means (B)-B here, why it is not (B)-A, Why it is not mentioned in latest survey register
Q8> Do I have any right or hope on this property as my father purchased the property (and my aunty never had selling rights and had no child) and I still have the Registry (Benama) papers of that property sold by someone to my father.
Q9) What step I need to take to proceed in this case.
