Legal Question in Real Estate Law in India

Respected Sir,

I have a inherited property in mumbai.It was purchased in 1980 by my grandfather.It has been taken care of by my father since grandfather's death in 1986 and by me since my fathers death in 2010 and it has been under possesion by my family. My grandfather had two children: my father and my aunt who was married in 1988 .She has been resident of U.S.A. since then and also is Citizen of U.S.A.My grandmother is also residing with her and is green card holder.Now they have claimed that whole property is their,s and want to throw us out of our residence.We have been paying the full property tax till date and no help has been received so far from their side until now for the payment of the same. No will had been made by my grandfather when he died.

I have tried so many times to make my aunt understand that we should not quarrel and that we are even ready to have 1/3rd share of the property(as 1/3rd to my grandmother,1/3rd to my aunt and 1/3rd to ourselves) but she is not agreeing and wants to throw us out.My grandmother also is very old and my aunt is taking advantage of that fact and dictating her mind.

My first question is that is my aunt even entitled to any share of the property given the fact that she was married before 1989 (Hindu marriage act) and that she has not paid a single penny towards maintainence or property tax and also the fact that she is an american citizen. Also if she is entitled to have a share in property ? Second question: Does she have the right to throw us out of our home as it has been our residence since its purchase?

Third Question: Also if she has rights over the said property should she be paying the share in property tax as much as she is demanding the property share that is her's?

I am asking these questions because me and my family have only this place to stay and dont want to sell that palce however my aunt wants to sell it at earliest and make money.Also the huge amount of property tax that I am paying single handedly would be a total loss if we dont own that property. Fourth Question:So should I stop paying property tax?

Please advise me about the above asked questions and preferably quote the corresponding acts.

Thanking You,

Your's Sincerely

S.O.Vilas


Asked on 9/09/13, 8:15 am

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

in case you want us to quote the corresponding acts, we need to conduct a thorough legal research on the question of law. you may retain the services of a lawyer for this purpose.

Thanks and Regards

Adv. Rajiv

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Answered on 9/09/13, 8:17 am
Fca Prashant Chavan Expert Edge LLP

09.09.2013

Dear S O Vilas,

In the absence of your grandfather's Will, the property vests in your grandmother. Technically, since your grandmother is residing with your aunty, they become the deemed owners simply because if at all your grandmother registers a Gift Deed of the entire property in the name of your aunty, you will be nowhere. Diplomacy and tact should be your playing card. You should put your aunty on the back foot by telling her that she has to share the burden of the property tax, and pay you all the arrears right from the date of death of your grandfather till date, and reimburse you the forthcoming property tax dues as and when they arise. It will not be easy for your aunty to evict you from the house overnight since your aunty will have to resort to litigation which will take its own time. And worst come worst, even if your aunty wins the case, the Court in all likelihood will ask her to financially compensate you with your share in terms of the prevailing market value of the property.

Regards,

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Answered on 9/09/13, 11:02 am


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