Hello Sir,
We have a property in Mumbai, which has been declared slum and taken up by SRA for redevelopment. That property is on the name of my Grandfather, who is missing since 4 years.
Before many year he has made a will ready and also a power attorney on the name of my mother (his daughter-in-law). In his will, he has declared that he wants to give 20% of his Mumbai property to his Elder son and 80% to his younger son(My Father).
We are okay with everything. The power of attorney says that my Mother can do all the legal formalities on behalf of him, hence since 4 years my mother is taking care of the redevelopment (SRA) Documentation and all. The builder was paying the decided rent to us, as we were living there with my Grandfather and not the Elder son.
Now after a long time, the SRA has stopped giving the rents and asked for the NOC from all the legal heirs for collecting the rent from them. Now, as per the legal heirs my Grandfather had 3 daughters and 2 sons. The 3 daughters have signed the NOC but the Elder son(My father's elder brother) is not agreed to sign the NOC. This requirements are:
1. He needs the 20% of the rent from now onwards which is being received by the builder
2. He would not bear any charges for the succession certificate, death declaration & probation for the possission of the flat.
3. He needs the 20% of the flat amount before we take the possession of the flat or else he would raise an objection and would not allow us to take the possession.
All this is just because, SRA is not allowing is to move ahead without his NOC.
My questions are:
1. Since 4 years SRA has allowed us to collect the rent on the basis of power of attorney till now then whats the issue now? We also have agreement made by the builder on Mom's name.
2. We were living this that house and not my uncle, after giving the flat to redevelopment we have to stayed rented not he, then why should be the 20% of the builders rent paid to him?
3. Grandfather has given his Hyderabad property to him long before, then too we are okay to give him 20% of the amount from this house too as per the will, but how is that possible without the possession of the property.
I need advice in how to move ahead with it. We cannot agree on anything that my uncle says, hence please help me with a way out from this.
What all things I have is:
1. The ration card on which my uncles name is not mentioned
2. The House pass book on which my uncles name is not mentioned.
3. The power of attorney
3. NOC from all other legal heirs
5. The builder agreement on my Mom's (Power of attorney) name.
6. Document showing that My grandfather has given the Hyderabad property to him.
I really expect your advice as soon as possible as I am trying to make a way out since 8 months.
One more thing, my uncle is an adopted child, I have a document for that.
We really don't want to challenge that will, but this Mumbai property is the only house for us as now we are living rented.
Please suggest.
