• Flat

Dear Sir
I, the undersigned Mr. Keki Dossabhai Bodhanwalla, am a Parsee by religion and have the following points which need your advice:
1.	I reside at Dr. Engineer Building, 1st Floor, Room No.4, Kashinath Street, Tardeo, Mumbai – 400 034 since last 59 years. The said flat consist of 1 BHK and the rent was issued in my mother’s name
2.	The said flat was original in my late mother’s name i.e. Mrs. Nargish Dossabhai Bodhanwalla. My mother, father and we four children were residing in the said flat. After some days my Uncle i.e. my mother’s brother was looking out for a house for himself, but since he could not get one, my mother felt sorry on him and allowed him to stay with us.
3.	At that time my Uncle was unmarried and after some years he got married so my mother gave him the bedroom to stay with his wife and we stay in the hall. Every time my mother used to ask my Uncle when he would see a place for him self as she was finding it very difficult to reside with four children and my uncle kept assuring her that he will find one soon and move out.
4.	As time went by my Uncle’s wife left him leaving behind three children two boys and one girl. Feeling sorry on my Uncle as well as the children last being just three months my mother allowed my Uncle to continue to stay with us. 
5.	In due course of time my mother fell sick and expired leaving we children and our father. After her death the flat was transferred on my father’s name, even the electricity bill is on my father’s name. Nothing was on my Uncle’s name, but any how my uncle made a ration card with false documents and same card was cancelled by the Rationing Officer when he found out that the said documents so submitted as proof of residence was false.
6.	My three sisters’s got married and are residing with their husband’s respectively and my uncle’s two boys expired only one girl remained. In due course of time I also got married and am residing with my wife and son. Few years later my father expired.
7.	After some years my uncle’s daughter got married to a non parsi i.e. Maharashtrian Bus Driver and is residing with him at Lower Parel, she has two daughters.
8.	During her stay with us my Uncle’s daughter started a snack business which was stopped by our Trustee’s who filed a Court against her and gave her warning that the house does not belong to her.
9.	Few days later my Uncle fell sick and his daughter took him to stay at her residence at lower parel where he expired.
10.	Now my Uncle’s daughter is claiming the said room as her’s, inspite of not having any proof  and is demanding a huge amount to vacate the said room,
Under the above said circumstances I would like to have your opinion whether she is eligible to the said room and whether I should pay her the amount in spite of the flat not being in her or her father’s name. Also as you are aware once a parst girl marries outside the community she no longer has any right nor can her husband or children.
Please advice what step I can take
Keki Bodhanwalla
Asked 4 years ago in Family Law from Mumbai, Maharashtra
Religion: Other
whether rent receipt is in your name ?
Ajay Sethi
Advocate, Mumbai
47935 Answers
2846 Consultations

5.0 on 5.0

under provisions of maharashtra rent control act since you have been staying with your father in said flat at time of your father death rent receipt should be transferred in your name .

first get rent receipt transferred in your name . . no need to pay your cousin exorbitant sums demanded by her .
Ajay Sethi
Advocate, Mumbai
47935 Answers
2846 Consultations

5.0 on 5.0

After the death of your father rent receipt has to be transferred in your name. Get it done. Your uncle 's daughter has no rights in the property.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

your cousin does not have any right over your fathers property
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

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