fazal Mistry (business) 28 January 2012

Family dispute

Dear learned Members...

A brief family background,Our family is a joint family... We reside in Mumbai.

We are the landlord of the building that we reside in and have separate flats/ration card/post paid tel land line connection.

My Grandfather had 6 sons and 3 daughters.
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1a 1b 1c
Amongst the above all three daughters have been given their individual separate share from my grandfather’s property during his lifetime.

Brothers 2 and 3 have released their share from this which leaves Brothers 1, 4, 5 and 6 as exclusive landlords.

Deceased Brother 1^st has no children thus his wife is his rightful shareholder.
Deceased Brother 4 has 1 son and 6 daughters.
Brother 5 has no children.

Brother 6 has a single son and no daughters.

Residence:-

Brother 5 and 6 share a 1bHK flat number 13 on 3^rd floor.
Brother 4 family resides on 4^th floor Flat number 14A which has 2 rooms.

Brother 1s wife resides on 4^th floor Flat number 14B which has 2 rooms.

Commercial:-

All brothers were to equally share the office premises located on the ground floor of Mistry Building.
Brother 5 has sold out his office share. Hence no share in Commercial property.
Brother 6 occupies his own share.

Brother 4 has taken the share of brother 2 and 3 with their consent.
Brother 1 share is illegally occupied by brother 4 and his crooked son.

The Dispute:-

The problem between brothers first surfaced when brother 4 illegally occupied the share of Brother 1
Brother 1 died in the year 96 and when his wife went for a visit to foreign land in the year 1998, Brother 4 and his son opportunistically partitioned the space and claimed as their own. We asked them not to do so but they never took heed.
After the return of widow of bro 1the dispute took place but Brother 4 and his son till date never gave her rightful share, in-fact now the share of widow of bro 1 is given on rent (From 01 DEC 2011) by the son of bro 4s son.

Even the common space (Chawl) between flat 14A and 14B is not spared, it is forcefully occupied by bro 4s family and now they use this space as their kitchen and storage.

To counter such intentions and actions we seek your advise.

My earnest request to all of you is please advise a strong legal solution to this matter.

Your Inputs:-

Thank you.