• Mhada room

I have no parents. Mhada allocated room in name of my father. I have mhada room of my name now. My uncle have done all the procedures to acquire that room. My uncle told me that he is giving room on rent to fulfill all his debts for doing the procedures but he sold/done agreement/heavy deposits of 28 lac and not given me single penny from it.  I first heard the rumors but confirmed within week.  I have not read any documents while doing signature because he had taken my trust by doing the procedures and helping out in my studies. Now I know he does this kind of stuff for living. He has my money and documents. The tenants are also in favour of him. I no mhada documents, he has all. He has not given me because I might do something. So I want take back my documents and room from him. Please guide me. I live in Surat with my nani(mother's mother). My grandfather had property and My uncle also cheated and sold some of property. At that time I have not given my share. After my grandfather there are two rooms available. One is in name of him and another in name of my aunt's son. So still no share from my grandfathers property too. I was happy with Mhada allocated room. But I got cheated. I know now 420 act but I would like step by step detailed guidance.
Asked 2 years ago in Property Law from surat, Gujarat
Religion: Hindu
1) if you have signed sale deed then you have no claim on MHADA oom sold by you 


2) you can file suit against your uncle to recover sale consideration of Rs 28 lakhs . 


3) take search in sub registrar office and obtain certifed copy of sale deed which have your signature . 

4)you can file suit for partition to claim your father share in grand father property . 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
25955 Answers
1414 Consultations
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Hi, if you want take back your share in the property you have to file a suit for deceleration that you are the absolute owner of the property and sale deed executed by so and so date  is not binding on you.

2.  You have to file the above suit when you are attaining age of majority i.e between 18 to 21 years only after that you can not file a suit.
 
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
148 Consultations
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1. You have stated ''my uncle have done all the procedures to acquire that room". What are those procedures?  How did he acquire that room from your father?

2. On the demise of your father you as the legal heir of your father succeeded to his property. If you have signed a release deed in favour of your uncle then the latter was within his right to sell the room and pocket the sale proceeds.

3. If your signatures were obtained in a deceitful manner on the release or gift deed the the legal recourse which you may adopt is to challenge such deed in the court on the ground that it is vitiated by fraud and claim the recovery of sale proceeds from him. 

4. You can also file criminal charges for cheating against your uncle. 
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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1. Lodge a police complaint against your Uncle for cheating you by taking all your MHADA documents from you and also by giving your room on ent without your knowledge,

2. If police does not take any action, file a petition u/s156(3) praying for direction upon the police to investigate and act based on your complaint,

3. Also lodge a police complaint against the tenant for trespassing into your room without your consent,

4. You can also file an eviction suit against the said Tenant.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0

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