Legal Question in Wills and Trusts in India

Property dispute pending in Mumbai High Court

Grandfather takes a flat on rent at Dadar, Mumbai.

All his childrens got settled elsewhere except one son (our father) who continued to stay in the same flat and used to pay all dues related to the flat though the flat still remained in the name of our grandfather.

In 1992, landlord decides to reconstruct the building and offers a flat in the new building to our father, without any monetary consideration. Father signs the agreement in 1992. However, just prior to starting of reconstruction, he expires (in December 1996), intestate, leaving behind 3 daughters and one son. Before he expired all daughters were married and settled elsewhere. The son was also married but continued staying with the father. The builder provides temporary accomodation to the son and start reconstructing the building. At this point, daughters files a case in the Mumbai High Court. The Court allows the son possession of the flat; however, it appointed a Court Receiver till a final decision is taken. The case is still pending even after 10 years. In the meantime, our brother also expires. In his submission to the Court, he has claimed ownership of the flat based on his claim for tenancy rights. We seek your valued opinion in the matter.

Thanks.


Asked on 2/15/09, 2:51 am

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

Re: Property dispute pending in Mumbai High Court

(1) An opinion in a pending case may be better sought from the counsel who is conducting the case since he may be better equipped with the all the facts - pleadings and evidence on record;

(2) The law of inheritance will follow - the daughters may be entitled to their share in the property on the death of their father.

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Answered on 2/15/09, 9:16 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Property dispute pending in Mumbai High Court

you can consult an senior civil advocate practising at High court

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Answered on 2/17/09, 1:05 am


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