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fazal Mistry (business)     07 December 2011

Family dispute

Dear Learned persons!!


I am in need of some advice...

My father along with 3 brother share a Building (pagdi system) it was built by my great Grand Father passed onto my Grandfather and from him to these four brothers (including my dad). out of these 2 brothers are dead.. 

My dad along with his elder brother and also with a widow of his eldest brother would like to sell off the property for redevelopment  but 1 share holders son in greed does not want us to sell not want to sign a partition deed.

so is there a way to counter his intentions ?  and can the 3 share holder being the majority sell off ? 

Please guide... 

Thank you.

 



Learning

 7 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     07 December 2011

 

My Dear Fazal Mistry,

I assume you are one of the Landlord of a building  , in which x tenements, residential rooms or shops are being rented out by your grand father I beleive the building is locate in commercial area of metro xcity, say Mumbai. 

I understand the building must be 50 years old, or more

If these are true facts, the building must be in dilapidated condition and the municipality is  entitled to demolish the same for safety purpose.

All of you are bound to maintain it, or the tenants can claim in court of law to do the needful.

Let the tenants demand re-development., and the court order accordingly, whereby, you can compro- settle with a builder, who is ready to redevelop it with his fund.

The builder will do the necessary, and pay your part of money, and deal I his own way to the left out minority owners of the building.

I suggest this way, as you are interested in selling off, and collect your part.

 In case it don't work out, we will discuss other alternatives.  

Adv Shroff

07-12-2011 

ram pal bajaj (owener)     08 December 2011

Dear Learned persons!!


I am in need of some advice...

My father along with 2 brother share a Building it was built by my great Grand Father passed onto my Grandfather ,  so its my ancestors property , we are the children of my father my married elder sister 41 Meenu, another unmarried sister uma and me 32 years old Ram , I am the only son. A year back i got married after my marriage my family start teasing and torching my wife ,, my mother always abuse my wife and my eldest sister also provoke my mother to abuse my wife my complete family except Uma Didi torchring my wife and whenever I try to help my wife they beat me also, and now on the top of that now my father has been disinherit (baidakhal) me from his property and they want me and my wife leave the house they always fight from us ,,and the question is my fathers probate case is going on in a court so right now he is also cannt sale his property so please advise can he disinherit me from the property ,,, I don’t have any right from my grandfathers property .

 

Please Advice

 

ram pal bajaj (owener)     08 December 2011

Please help me as soon as possible.

 

Thank you

Advocate Vishnu (Advocate)     08 December 2011

Your father cannot disown you from your rights over your ancestral property and you have every right to live in that building.

1 Like

fazal Mistry (business)     09 December 2011

Many Thanks Adv V R SHROFF ...

Yes the building is in south bombay area a pagdi cess building with commercial on ground floor and rest residential.  

This building is over 80yrs old (Never been repaired by Mahada and in need of renovation).. some tenants agree on redevelopment but some say let i be repaired by repair board .... But Majority are for builder redevelopment.. 

Builders too do not want to involve themselves coz of disagreement of 1 landlord... Its like a stalemate situation.. We 3 out of 4 land owners residing in the same building but separate Flats must have a way to sell off and be at peace,,,, 

May God Guide and Help us....  

God Bless you Sir... 

 

ram pal bajaj (owener)     09 December 2011

Thank you so much Sir or your reply.  Thank you

 

Regards

Rampal Bajaj

ram pal bajaj (owener)     16 December 2011

Good Morning Sir/Madam,

 

This is a case of family dispute, harassment, and torcher me (Pooja Bajaj).  I got married on 19th of July 2010 . Its been more the a year I am being torchered by my husbands family however my husband tries to help me but they torcher him as well now because of the influence  Meenu Maggo who is my eldest sister in law my father in law and mother in law has become cruel to us.  They always abuse me and my mother, father and on the top of that, because my husband doesn’t help his father from his cruelty, he has made a will that he has evict (Baidakhal ) us from his property and everything, its my husbands ancestors property , my father in law has two more brothers his father made a will when he was alive and distributed his property to his three sons.  We have three floors and one floor is my father in laws floor.  We stay together with my father in law, mother in law and one another sister in law Uma .  since I got married with Ram pal bajaj His family is teasing me because of money (I belong to middle class family,I have one younger brother and my mother, I lost my father 5 years back).  My eldest sister in law (Meenu Maggo) who stays in Bali nagar D-1, is well settled but she stays very nearby from our house that’s why she comes everyday at our place and abuse me and torcher me,  now my life has become hell.  I complaint earlier as well but I didn’t do anything because I don’t want to give trouble to anyone I am giving them love and affection to everyone but here in my husbands house no one care for me they just need money in turms of Dowry  now I am not be able to bear my in laws cruelty, so please help me on this matter.  Now they want me and my husband to leave house and stay on streets Please Help.  I need to know cant we do anything against them,, don’t we have any right to stay at my father in laws property ,,what we can do from this


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