chiragwarm@gmail.com (chiragwarm@gmail.com) 30 November 2011

Case pending since 1975; tricky, advice invited urgently !

PRE SCRIPT: I demand on humanitarian grounds that LawyersClubIndia’s qualified members help me resolve this 40 year old issue. This story is real. Dear friends, I’m making this query as a CASE STUDY (also use simple names) since it’s very tricky to understand for many. This case has been running since 1975 in the society court at Ballard Estate, Mumbai. Kindly be By-Law specific and detailed replies are expected. 9 Advocates and 20-25 Judges have been changed since then. LawyersclubIndia is the only hope. It is as follows... Mr. Ram sold his bungalow in Ulhasnagar, Maharashtra for RS.100, 000 in 1973. Mr. Ram shifted to his brother’s (Mr. Sham) house at Ghatkopar, Mumbai for time being with all the money. Later, Mr. Ram purchased an apartment in Ghatkopar, Mumbai for RS.35000. Mr. Ram made himself the 1st owner of the house but he decided to make his brother Mr. Sham’s wife Mrs. Sunita the 2nd owner or nominee after his death and not his own wife for reasons unknown. Mr. Sham was an arthritis patient and his house at Ghatkopar had no personal toilets but public toilets and hence Mr. Ram felt that his newly bought house be given to his elder brother since that will give him more comfort. Mr. Ram later lived with his family at his brother’s house and Mr. Sham stayed at the new apartment till Mr. Sham’s death in 1974. Soon, Mrs. Sunita also died. After their death, Mr. Ram told Mr. Mohan, son of Mr. Sham to vacate the house as the sole purpose of lending was over. Mr. Mohan refused completely. That is when in 1975; Mr. Ram challenged Mr. Mohan in the society court and demanded SHARE CERTIFICATES, which by the society were issued to Mr. Mohan, the occupant. I’m not sure what % of shares Mr. Mohan or what is written on the Share Certificates since the rules were different then. The case continued till 1992, when Mr. Ram died in a road accident. Mr. Sohan, son of Mr. Ram later decided to take the matter in his hands. Mr. Mohan says that since the 2nd name was of Mrs. Sunita, so now with the law of succession, it will be him Mohan, the sole owner and not Mr. Sohan, the son of Mr. Ram. Mr. Ram’s family stayed at Mr. Sham’s house till 2003 and shifted to a new house in Ghatkopar, Mumbai. Later Mr. Mohan broke the lock and took the old house which his father owner in his own possession. CURRENT SCENARIO of the CASE in the Court: The case was dismissed in 2003 due to negligence by Mr. Sohan in attending the matter. It was later restored with a fine of RS.5000 but today the file has been missing since last 9 months and the honorary clerks have been searching the file since then. QUESTIONS TO BE ANSWERED: 1. I truly understand that Mr. Ram should have made the case in such a way that he demands 50% ownership or such and not share certificates only. What can be done now at this stage? 2. The biggest question is that “was Mr. Mohan true that he is the only owner and not Mr. Sohan since his mother died and now with succession he owns the house? Or is it that Mr. Sohan and Mr. Mohan are both 50%-50% owners since both their mother and father’s name existed respectively in the agreement? THE AGREEMENT IS WITH MR. SOHAN AND MR. MOHAN HAS NO SUCH PROOF OF OWNERSHIP. 3. What if Mr. Sohan makes a police complaint that Mr. Mohan resides in his house without any right? Will the police interfere? Or if Mr. Sohan gets the possession of the house in some way and later Mr. Mohan brings the police, can Mr. Sohan escape if he shows the agreement? 4. Should we head to the Higher Court? Where do you see this case going? 5. How can I know what is there in the SHARE CERTIFICATES? Can I go somewhere and check? Hence, I end everything here and decide not to declare if I’m Mohan or Sohan. Please give your best answers with the best of your knowledge. Our family has river of money but not peace. Finally, if somebody read this fully, I’m highly, deeply thankful to you personally. Regards, Chirag S.

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chiragwarm@gmail.com (chiragwarm@gmail.com) 30 November 2011

Please Read this as I don't know why the text turned out to be like this.

PRE SCRIPT: I demand on humanitarian grounds that LawyersClubIndia’s qualified members help me resolve this 40 year old issue. This story is real.

Dear friends, I’m making this query as a CASE STUDY (also use simple names) since it’s very tricky to understand for many. This case has been running since 1975 in the society court at Ballard Estate, Mumbai. Kindly be By-Law specific and detailed replies are expected. 9 Advocates and 20-25 Judges have been changed since then. LawyersclubIndia is the only hope.

It is as follows...

Mr. Ram sold his bungalow in Ulhasnagar, Maharashtra for RS.100, 000 in 1973. Mr. Ram shifted to his brother’s (Mr. Sham) house at Ghatkopar, Mumbai for time being with all the money. Later, Mr. Ram purchased an apartment in Ghatkopar, Mumbai for RS.35000. Mr. Ram made himself the 1^st owner of the house but he decided to make his brother Mr. Sham’s wife Mrs. Sunita the 2^nd owner or nominee after his death and not his own wife for reasons unknown.

Mr. Sham was an arthritis patient and his house at Ghatkopar had no personal toilets but public toilets and hence Mr. Ram felt that his newly bought house be given to his elder brother since that will give him more comfort. Mr. Ram later lived with his family at his brother’s house and Mr. Sham stayed at the new apartment till Mr. Sham’s death in 1974. Soon, Mrs. Sunita also died. After their death, Mr. Ram told Mr. Mohan, son of Mr. Sham to vacate the house as the sole purpose of lending was over. Mr. Mohan refused completely. That is when in 1975; Mr. Ram challenged Mr. Mohan in the society court and demanded SHARE CERTIFICATES, which by the society were issued to Mr. Mohan, the occupant. I’m not sure what % of shares Mr. Mohan or what is written on the Share Certificates since the rules were different then.

The case continued till 1992, when Mr. Ram died in a road accident. Mr. Sohan, son of Mr. Ram later decided to take the matter in his hands.

Mr. Mohan says that since the 2^nd name was of Mrs. Sunita, so now with the law of succession, it will be him Mohan, the sole owner and not Mr. Sohan, the son of Mr. Ram.

Mr. Ram’s family stayed at Mr. Sham’s house till 2003 and shifted to a new house in Ghatkopar, Mumbai. Later Mr. Mohan broke the lock and took the old house which his father owner in his own possession.

CURRENT SCENARIO of the CASE in the Court:

The case was dismissed in 2003 due to negligence by Mr. Sohan in attending the matter. It was later restored with a fine of RS.5000 but today the file has been missing since last 9 months and the honorary clerks have been searching the file since then.

QUESTIONS TO BE ANSWERED:

1. I truly understand that Mr. Ram should have made the case in such a way that he demands 50% ownership or such and not share certificates only. What can be done now at this stage?

2. The biggest question is that “was Mr. Mohan true that he is the only owner and not Mr. Sohan since his mother died and now with succession he owns the house? Or is it that Mr. Sohan and Mr. Mohan are both 50%-50% owners since both their mother and father’s name existed respectively in the agreement?

THE AGREEMENT IS WITH MR. SOHAN AND MR. MOHAN HAS NO SUCH PROOF OF OWNERSHIP.

3. What if Mr. Sohan makes a police complaint that Mr. Mohan resides in his house without any right? Will the police interfere? Or if Mr. Sohan gets the possession of the house in some way and later Mr. Mohan brings the police, can Mr. Sohan escape if he shows the agreement?

4. Should we head to the Higher Court? Where do you see this case going?

5. How can I know what is there in the SHARE CERTIFICATES? Can I go somewhere and check?

Hence, I end everything here and decide not to declare if I’m Mohan or Sohan. Please give your best answers with the best of your knowledge. Our family has river of money but not peace. Finally, if somebody read this fully, I’m highly, deeply thankful to you personally.

Regards,

Chirag S.

ABHIJEET PARIKH (Bcom LLB MBA) 30 November 2011

It was rather longest query on this forum It is rather a tricky situation also

Let me tell u in brief now there are 2 situation

Neither Mohan nor sohan can be sole proprietor
It wud be advisable to make outside court settlement Since time frame of 40 yrs is quite long
bring both of them on table and negotiate it

Now answer to ur question

1. due to death of Ram intestate ie without will it is now better to make settlement n negotiate, if it is bunglow how come share certificate come into picture if there r group of row houses then only Maha CHS act come into play IF it is so then upon settlement both sohan n mohan write a letter to society for having made settlement and request them to divide share certificate accordingly

2. No the argument that Mr Mohan is sole owner is not meaning ful Mohan definately have interest in property but 50% or more or less will depend upon how well either off parties negotiate

3. Upon making a police complaint and lookin upon merits of the matter police will ask both parties to approach court as it is civil matter

4.Approaching higher jurisdiction will further delay the matter it depends upon merit of the case of both the parties

5. U can write to the society ideally sohan shud have share certificate

IT can also remain open to other Experts on this forum

Regards
Abhijeet