How can I file for the house property
Starting from the beginning I want to discus the exact matter.
In 1992 mumbai riots my uncle was occupying a land space. He had built a small hut that time during the riots the area was demolished due to fire. My uncle had told my father to apply for a fresh ration card so that we can occupy our place for the concerned area. Even he had told my father that in future when the plots are developed on the area by the BMC we will get it. This is how my father took an effort to get a ration card and my father was also taking part to argue whenever there was oppose from other party. At last the rooms were built by the BMC and we were allotted the plots on the basis of our ration card. As we brought our new house in the same area so we thought let the plot given to us by the government be with the possession of my uncle as he wanted to do some kind of business.
It has been over 15 years we didnt felt the need to take the house from my uncle as we were living in good house. But recently when i was feeling to operate my own business i had approached my uncle place for the possession of my house. He told me that since he has given the room on rent to some other person he will lend the room to me when agreement is over. later when the room was vacant when i asked for the possession he said he is facing some problem he will call us later. after a month when my mom called my uncle he started arguing with my mom saying that it is not our property he had just asked my father to apply for the ration card. He says that my father has no rights in that property.
So when i approached him he started arguing with me by saying u can go legally.
since the rooms were alloted by the BMC there is no papers stating that so and so person is owner of the house the room were alloted by the ration card.
the docuiments which i have for the concerned property is
electric city bill
election voter id
what other documents i may need
Asked in Property Law from Mumbai, Maharashtra
who is the owner of land? if rooms were allotted by BMC you must be having allotment letter ? without going through the papers it is not possible to advice
Ration card is not a document of title. As such, it does not prove ownership to a property. In whose name has the allotment letter been issued. Your father can bring legal action for possession of this property only if the ownership rights have been conferred on him.
As far as i know all the rooms allotted in that particular society dont have any other document beside their ration card and the electricity bill. The maintenance fee (bhade pavti) is been paid to the PWD department in the name of my father. There is no owner of land it is BMC.
Asked 3 years ago
Your father can bring legal action for possession of this property only if the ownership rights have been conferred on him.
Advocate, New Delhi
has cooperative housing society being formed? on what basis PWD is collecting maintenance?
BMC cannot be the owner of land if possession has been given. Find out the owner of property with the assistance of a lawyer.