Legal Question in Civil Rights Law in India

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 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. But 27yrs have elapsed and my uncles have still not given us any share and dont intend to give either. The rent reciept 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 other legal heirs and also signed an indemnity bond with the trust stating that he indemnifies the trust against any claims and will be responsible for the same. 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.

2) What is the legal course of action we should take.

Any reply for this matter will be highly appreciated as we feel we are being cheated by our uncles.

Regards,

Tasneem


Asked on 7/02/10, 3:56 am

1 Answer from Attorneys
Arvind Sharma Sharma Legal Consultants Bathinda

file a suit for possession by way of partition of the land by metes and bounds. possession of one cosharer is on behalf of all the cosharers and does not amount to ouster of all the cosherers who does not reside their. hence the lenth of time is no consideration. u have still right to recover the possession.in the alternative to the above claim, aske for alternative relief of selling the property and deviding the proceeds as per shares of each co sharer.

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Answered on 7/11/10, 6:20 pm


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