Legal Question in Civil Rights Law in India

My name is sunil from maharashtra. I have legal question. My grandfather had 9 shops in pagadi system in mumbai and when my grandfather die he was not made any will. My grandfather had 3 poor including my father. 1rt is my big father he had 4 sons. 2nd my father he had 3 sons including me and 3rd is my small father (Chacha). My father was die on 1988 when he died that time i was 4 year old so my mother decided to hand over the shops to my big father as a caretaker. and told him when my sons mature (18 year) then gave him. but he was not gave us and die on 2010 and his sons refusing to give any shop. pls advice me sir how can i get my shops. I have no paper or any rent receipts because that time i was 4 year old. pls suggest me. regards sunil


Asked on 7/23/13, 10:11 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Sunil, it is a difficult situation for you. Since the cousins appears to be ill-intentioned now, the only remedy may be to file a civil suit in local courts.

You may need to engage a local lawyer to pursue your legal remedies.

All the best.

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Answered on 7/23/13, 6:19 pm
Fca Prashant Chavan Expert Edge LLP

24.07.2013

Dear Sunil,

Bhalay hee mayree Hindi thodeesee kamzor hai lekin aapkay sawaal ka jawab denay kee koshish karta hu. Dadaji kay dehant tak unka Will na honay kay naatay, aapkay tauji kay naam 3 dukaan bantay hai, aapkay pita kay naam 3 dukaan, aur aapkay chachaji kay naam 3 dukaan aisay dadaji kee jaaydaad ka batwara ho jana chahiye. Aapkay tauji kay chaar ladko ka sirf 3 dukaan par haq banta hai aur un teen dukano kay kiraya unkay naam aapkay munimjee dwara likha jaana chahiye.

Saaray dukan kay naam, patay, kiraya denay wale ka naam aur pata, uski aap munimjee say kahay ki woh ek pushtee (list) karay. Phir apnay tauji kay chaar ladko say kahay in 9 dukaano maysay aap kisibhi 3 dukaan chuno aur unpar apna haq sidh karo aur kiraya un 4 ladko kay naam likho. Nanaji say kaho ki woh apnay 3 dukaan ka hissa kaayam karay aur un 3 dukano ka kiraya unkay naam karvaaye. Bachay 3 dukaan aapkay maataji kay naam kar do aur unhay un 3 dukano ka maalik banaao. Yadee maujudu munimji agar ye kaam karnay say inkaar karta hai, toh usay dusree naukree dhoondnay kaho, aur naya munim ye kaamkaaj sambhaalnay kay liye rakho.

Summing up, involve and instruct your Accountant to make a list of all the 9 shops with their present name of the shop and address, name of the licensee's with their address, amount of deposit and rent for each. Then tell your 4 cousins to select the 3 shops out of 9 which deposit and rent has to be accounted in their name. Since your unmarried uncle is living, inform him to identify which 3 shops belong to him and the deposit and rent of which should be accounted in his name. Get the remaining 3 shops transferred in the name of your mother as the owner, by following due process of law thereafter.

Regards,

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Answered on 7/24/13, 12:38 am


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