Legal Question in Real Estate Law in

We have ancestral property in my late grandfathers name at Bhendi Bazar, Mumbai for the past 65yrs+. Currently my two paternal uncles are residing there. My immediate family consisting of my father, mother, brother and myself also used to reside there but due to shortage of space we had to move out with the promise that our property share would be given to us when the funds would be arranged. But more than 27yrs have elapsed and my uncles have still not given us any share and dont intend to give either. The rent receipt is still in my late grandfathers name and is now being paid by one of my uncles. My father also passed away in 2001 but the electricity bill is still in his name and is being paid by my uncle. My uncle has removed our name from the ration card and we donot have voters id card of that address. Now this entire bhendi bazar area is going under the redevelopment scheme. The landlord has sold the building to the saifee burhani upliftment trust and every tenent has to sign a consent letter to the trust. My uncle has signed the consent letter without taking any no objection certificate from any of us & other(totally 3 brothers and 2 sisters)legal heirs and also signed an indemnity bond with the trust stating that he indemnifies the trust against any claims and will be legally responsible if there are any claims. I want to know the following:
1) Does my family have any legal rights on this property?.....we only have electricity bill in my dads name and rent reciept in grandfathers name. We are not staying in the premises.
2) We donot have any documentation of any property papers even bills, Can we legally procure the documents atleast the rent receipt and electricity bill from them as it is in their possession.
3) In whose name the new redeveloped house should legally be?
4) What is the legal course of action we should take.
This matter is urgent.Any reply for this matter will be highly appreciated as we feel we are being cheated by our uncles.
Regards,
Tasneem.

Asked on 8/02/10, 7:12 am

2 Answers from Attorneys

Fahri Toga TOGA//OKSUZ

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Fahri TOĞA

Answered on 8/03/10, 12:11 am

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