• Urgent: Summons u/s 471 of the Mumbai Municipal Corporation Act read with section 258(d) (e) (f)/471

I am one of a surviving co-owners/Legal Heir in a few ancestral properties (in Mumbai & native place). All the properties have been managed by the other partner(cousins) for more than 65 years and we have always been kept out of the picture (using some pretext or other including by force) although we have opposed it on several occasions. Even the rent (old rent/pagdi system) from some of these properties are collected without our signature (although both are supposed to sign the Rent Receipt), though municipal and taxes/dues have been paid by them. 

Now there is a summons from a magistrate’s court, related to an ancestral property in Mumbai, addressed to both original owners(our great grandfathers who are no longer living), under section 471 of the Mumbai Municipal Corporation Act read with section 258(d) (e) (f)/471 asking us to be present in the court on 10th May, 2018 in person or through a pleader. Though we have a Flat in that building which is under lock, we have not been living in that Flat for many years and the entire Joint Property is being managed and maintained by our cousins. Also these properties are under litigation in the High Court for over 2 decades for division of properties plus many more issues. 

Please guide about this section and also about our legal liability towards the same. Do I need to worry about this summons and if so how do I safeguard myself?

Please note:

1)	The above summons has been issued in the names of original ancestors and not in the names of surviving heirs. Surviving Heirs’ names are not on record of the Municipality it seems.
2)	We have not been living in the property for many years.
3)	We are completely in the dark as to who has lodged the complaint or summons etc.
4)	The joint ancestral Property is being managed and maintained by the other surviving co-owners /Heirs ( collection & payment of municipal dues, upkeep, maintenance etc).
5)	Does it mean that I, or my cousins or both of us will have to appear in court personally or through 
a pleader? 
6)	The above summons has been forwarded to me by my cousin over the email on the 4th May, 2018 and the date to appear in the court is 10th May, 2018.
Asked 8 years ago in Civil Law

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5 Answers

1. you need not worry

2. you must appear before the Magistrate on the date mentioned in the Summons

3. you have to inform the court that your are the legal heir of original owner and that you are not in occupation or possession of the property presently. Also that the flat which you have in the building is lying locked since a long time

4. you need to say that the property is in control of your cousins and so you are not aware about the dealings with the property with regard to the offences which are mentioned in the summons

5. it seems that someone has lodged a complaint against the landlord of the building for letting dirty water or sewage from the drain pipes in the building which is a cause of nuisance

6. you just have to inform the court that there are property disputes between you and the other legal heirs and you are not in control of the property and also your flat is locked, so you are absolutely not aware who is letting the dirty water to drain from the sewage pipes

7. you have to tell the court that BMC issued the notice without even investigating as to who was responsible for letting the dirty water to be drained and has sought to made the landlord liable

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

You and your cousins have to appear in court

2) you can engage a lawyer to appear on your behalf

3) Under section 471 of Mumbai Municipal Corporation Act, the person trading and storing unauthorizedly is fined. Further if unauthorized trades and storages are dangerous to lives of citizens then after obtaining remarks of Fire Brigade under section 394 of Mumbai Municipal Corporation Act the goods will be seized. Legal action taken against unauthorized production and storage of inflammable, dangerous & hazardous chemicals. Sometimes seizure action against such production and storages taken under section 516 AA of Mumbai Municipal Corporation Act with help of police

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

. See the court is not in knowledge about the demise of original owner of the property.

you can appear before the court and can inform the court of demise of original owner and the flat is locked and dispute is going on this is no big issue.

Somebody has lodged a complaint against your property owner in the municipal corporation on following grounds:

"

(d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain, any brick, stone, earth, ashes or any substance or matter by which or by reason of the amount of which such drain is likely to be obstructed;

(e) pass, or permit or cause to be passed, into any drain provided for a particular purpose, any matter or liquid for the conveyance of which such drain has not been provided;

(f) cause or suffer to be discharged into any drain from any factory, bakehouse distillery, workshop or workplace or from any building or place in which steam, water or mechanical power is employed, any hot water, steam fumes or any liquid which would prejudicially affect the drain or the disposal by sale or other wise of the sewage conveyed along the drain, or which would, from its temperature or otherwise, be likely to create a nuisance.

"

You can hire a local advocate who will get the issue settled. further the plea before can be taken that there is no investigation in matter property is disputed and locked and owner of same has died years ago.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Under section 471 of Mumbai Municipal Corporation Act, the person trading and storing unauthorizedly is fined.

This is a complaint case against the owners of the building by the local civic body.

Since the property is under dispute and also you are not in possession nor you are the actual owners, moreover the summons are aimed at the actual owners, you can engage the services of an advocate and present your case before the magistrate court on the basis of the facts of the prevailing circumstances.

Since the summons are on the actual owners and not against the legal heirs, i.e., since the summons are not served on y9or names, there may not be a necessity for you to appear before the court and give an explanation for the fault of someone who is occupying and enjoying the property, which is still under dispute.

Also since the summons have been intimated to you by your cousin through an email, it is not a direct summon, so there may not be a necessity for attending the court on the date of hearing, let the court decide an action on the complaint against the dead persons.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Under section 471 of Mumbai Municipal Corporation Act, the person trading and storing

unauthorizedly is fined. Further if unauthorized trades and storages are dangerous to

lives of citizens then after obtaining remarks of Fire Brigade under section 394 of Mumbai

Municipal Corporation Act the goods will be seized. Legal action taken against

unauthorized production and storage of inflammable, dangerous & hazardous chemicals.

Sometimes seizure action against such production and storage.

As it is a ancestral property the summons are issued in your grandfather's name. You can approach the court and file state your version in the said issue.

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

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