• Mother and brothers occupying the flat for 20 years

I and my husband bought a flat in Mumbai in 1998. We trusted his family and sent money from my NRI a/c to purchase the flat for 20 lakhs which is now worth almost 2 cr. The mother's name was added as the first owner and my husband is 2nd owner. They have been living in the flat since then and refuse to vacate or transfer the 50% share on our name. We recently filed a civil suit (Mumbai High court) but it's taking forever even to come to trial/ hearing. What are our options?
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Suit in Bombay high court take 15 years to be disposed of

2) if you are senior citizen you can seek expedited hearing

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. Well, I regret not much can be done in the civil suit which is pending endlessly.

2. Since your name is not appearing in the title deed it would be almost impossible to prove your ownership of the flat.

3. I am not sure what is the nature of the civil suit but for relief you may file a suit under Benami Transaction Act to claim this flat to be yours if you have enough proof to show the payments so far made by you on its purchase.

4. if your marriage is on rocks then you can file a case under PWDV Act wherein the court has power to put you in possession of the flat and oust your husband and mother in law from this.

All the best.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Mam the civil suit is here only the option as the civil court takes time and the proceedings will go accordingly ask your advocate to take up case date to date wise without any adjournment further an application for expediting the suit can be made. The suit proceed stage wise and the court will accordingly dispose same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are 50 per cent owner of flat

You are at liberty to stay in said flat whenever you come to India

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

hello

you should go to the Bombay HC so that it may pass appropriate orders to expedite the process. it is true that when there is enmity between you then you shouldn't live there as they can and will file false cases against you in order distract you from the main issue.negotiation is an option which cannot be ignored. you must be knowing what they want as they are your family.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Your husband has 50% percentage right over the flat and other 50 to his mother. If you prove the 50% (mothers share) paid by you from your NRI Account, so you are the real purchaser /owner of the flat. But proving the case takes little more time and wins the same. It’s your husband’s mother and brother so you please take a mediation talks with them with close family relatives. If you continue the case final victory is on you but take time. You can stay in the flat by applying a petition for seeking protection from co-owner from the court during the vacation time.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Firslty, as you have stated in your query Mam that your husband is the 50 percent owner of the property.

Secondly, though they can’t stop you from entering the house, but you need to understand one thing that the possession of the flat is with them, so if you try to enter then they may file false police complain against you, and police will not look into the flat papers as this is for the court to determine.

Thirdly, you have your right in it, but try to go when you get some relief from the court.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It takes minimum 2 to 3 years depends on cases in that particular court. It also depends on both lawyers about litigation,

You can approach honble high court by filing Revision Petition under Article 227 for direction to lower court for speedy.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

As the case is pending in court you have no other option than to wait for the judgement of the case.

You can live in that house but your lawyer's concern is right. They can even frame you for false charges of harming them if you live with them. So better do not stay with them.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear client,

50 % property already in husband name all you need is to seek possession on the basis of title and rest share will declare by court order. Well civil suit takes time but being 50% owner , can stay in it and it if any hue and cry , don't worry Police won't interfere and court don't take such thing seriously as common in family dispute.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You have taken the right course of action by filing the declaratory suit praying for the declaration that the entire consideration for buying the flat was paid from the account of your husband for which he is the sole owner of the said flat.

2. This is the only course of action left before you by which the title of the entire flat will be declared in favour of your husband.

3. Pursue the case and if it is too much delayed, you can file a writ Petition before the High Court prating for a declaration before the lower Court to dispose the case within a time frame of next 6 months after hearing the matter.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You can very well stay put in the said flat co-owned by your husband.

2. If they resist your entry or instigate any dispute resulting in to any physical assault, you can us the said incidence in your favour and it will not go against the civil case filed by you.

3. Not visiting own flat for more than 12 years and allowing the opposite party to live there in might give the other side a scope to claim adverse possession of your share of the said flat.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Regarding: Apprehensions of "verbal/physical fights" is absolutely unfounded, since the same is prevalent in regular non-issue house-holds.

2. You have to establish Part /Full Possession of the property, consequent to which you stand on a strong legal footing. IF you are part title-owner, THEN you are legally entitled for possession.

3. Since the matter is already sub-judice in court, you have to concentrate on documentary proving of your part /full funding in the ownership property. There is nothing that can be done, since the matter is sub-judice in court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hello,

You may file an application before the CJ for expediting the hearing of the case

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you may live in the same place and there is no legal impediment, just do not fall into the trap if they instigate you and maintain your calm.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) Here you can ask court either purchase the flat rights by other party or you can buy other party's share.

2) Need to know what is your choice as of now

You want flat?

You want money?

3) Any one party can get it flat not both party so one party will get cash and other will flat. So here court will decide flat cost so put your rights if title 100% for living etc.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Civil suits take long to be decided due to huge backlog of cases, and there is very little that the plaintiff can do if the suit is pending before the High Court. The maximum that you can do is file an application before the High Court to seek an early disposal of the suit in the interest of justice.

2. Your lawyer is right. In such cases very often the person who visits his property without a court order would end up getting embroiled in false criminal cases.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. the 50% held by the mother in the flat may be hit by benami law which is prohibited

2. i hope the defendant has not taken the stand of benami property for the 50% held by mother and purchased from the son's funds, in the written statement filed in the suit

3. you can obtain an interim relief in the suit by praying that till the time the suit is finally decided, the defendant must not create any third party interest in the property

4. trial will take time. It does not happen fast. It will take years.

5. i suggest that if you do not intend to live in India in the future and are permanently settled in the USA then it would be prudent to settle the matter with the defendants. You can offer your 50% for purchase by the defendant at the present market value, take the money and put it to some good use instead of fighting over it. As you are foregoing your balance 50% you can claim additional money from the defendant as a final time settlement

6.do explore the settlement option

7. you are a co-owner. You can obviously go and live in the flat. But as your lawyer rightly suggested, you must avoid any altercations with the defendant.

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Since you have already approached court seeking relief and remedy in this, you may have to follow up the issue properly through your lawyer without any lapse from your side.

Since the opposite party is not coming for any compromise, you may vigorously follow the case pending in the court.

Your lawyer may put pressure on court if there is any intentional delay on the part of the opposite party to speed up the case.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

If you can face any situation that may arise consequent upon your proposed act, then you may proceed but make sure that this should not hamper your peaceful return journey to USA.

Any criminal complaint pending against you may restrict you from leaving the country.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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