Legal Question in Landlord & Tenant Law in India

My father had built a Bungalow in Pune, India. On the Property Card after his death, names of my two brothers,my mother and myself (married but widowed) were entered. Now the two brothers made an agreement with a Builder to build a 4 storied building and took two flat plus cash from the builder, convincing me and my mother that we would be allowed to stay in one of the flats as one brother who owns the flat is staying in USA and is a US citizen. The second flat is occupied by another brother. The Brothers paid me 4 lakhs and cheated me to sign a deal relinquishing my rights on the property with a verbal promise that I would be allowed to stay in one flat with my mother. Now the brother in USA is charging me Rs.2500 for one room in his flat and does not give me receipt for past 18 months. I pay the rent to his friend in Pune and this friend deposits it my Brother's Bank Ac in Pune. How can I prove that I was cheated and that I am a tenant in my brothers flat.? My husband was a Navy Officer and I get pension from which I have to pay this rent.

Submitted by A distressed widow Age 67


Asked on 9/07/10, 10:42 pm

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you contact a local advocate with all details and documents

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Answered on 9/07/10, 10:56 pm
Vishwa Arya Arya & Co.

if you have been paying the rent for last 18 months you have acknowledge your brother in USA to be owner of the flat. In fact you have recognised the arrangement. The only option, though bleak, is to challenge the Relinquishment Deed that Relinquishment deed with coupled with inducement, undue pressure and coercion.

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Answered on 9/08/10, 12:01 am


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