This message is from my mother - Me and my husband separated from last 20 years. As he was not working and was not mentally fit also. No proper case filed, nor proper court order received. Anyway, I need some advice regarding his property. My husband had a room of 180 sq. ft. in South Mumbai. He gave it for redevelopment and got a 500 sq. ft. flat. The builder gave rent only for a year or two during the redevelopment process and gave a possession letter and also possession after 12 years to my husband. He has not given any other documents. Now he gave valuation letter in which it is mentioned that the flat has the value of a room which my husband surrendered to him twelve years back. Light bill is on my husband's name. We do not get maintenance bill, but we pay rent for a room to the builder and he gives receipt for the rent paid. My husband is not mentally fit, and he has four brothers who are financially well and who all wish to grab the flat from him and constantly are in the process of taking a flat from him. We fear that he will sign and give the property to his brothers, which he has already done in the past. But with the help of God, we got the possession of the flat. Now we had the property in our hand, but We do not know the rules of redevelopment. We fear the builder and his brother, together, will snatch our flat. Please advise us When shall we get ownership of the flat. We do not get a proper answer from the builder. All old documents are with the builder and his brothers. We are financially weak and had no strong support from anyone. I wish to add our son's name as second holder of the flat with my husband. what will be the procedure? What papers should I prepare. Please guide us. Help us.
It appears on redevelopment’ your husband did not get ownership rights on flat
you have stated you are paying rent to builder and getting rent receipt
3) check with your neighbours as to whether builder has executed any agreement with them to give flat on ownership basis
4) visit the builder office and seek certified copy of development agreement signed by your husband with builder
You need to check what builder has given the other tenants stating there. Generally builder executive PAAA with tenants which is a document for his ownership. You can seek the same from him by sending a legal notice to him. If not answered file consumer court case
In case of tenanted building, normally, the landowners provide the existing area of the flat in the new building on ownership basis.
under Development Control Rules 33(7) wherein each one of the tenants would have been entitled for ownership rights and also minimum 300 sq. ft. carpet area of the flat as the land owners get 3 FSI.
If you have evidence that your husband is suffering from mental ailments and that the builder has done injustice to him by not handing over possession or the documents for the redeveloped flat allotted to him, you can first get a certificate from court mentioning that he is mentally challenged, and request the court to appoint as his guardian to take care of him as well as his property, after which you can fight against ht prevailing menace of grabbing the property by his brother or the builder.
You can consult a local advocate and proceed as per procedures of law.
was a PAAA registered between your husband and builder?
was the flat allotted on ownership basis or on tenancy basis?
in whose name was the possession letter issued?
you will likely need a guardianship petition to be filed in Court to appoint a legal guardian for your husband and his properties so that the builder and your husband's brothers do not illegally get the flat transferred from your husband's name to his brothers name
for now issue a legal notice to the builder and your husband's brothers to not deal with his flat
alternatively an injunction suit can also be filed by the next friend of your husband to seek injunctive reliefs against the builder and your husband's brothers
Dear client,
I'm sorry to hear about your situation. Here are some points to consider regarding your questions:
Ownership of the flat: It is essential to check the status of the redevelopment project and verify whether the builder has obtained the necessary permissions from the concerned authorities and complied with the regulations. It is advisable to consult a lawyer or approach the local housing authority to know the status of the project. Once the ownership of the flat is established, the builder should provide all the necessary documents related to the property. In case of any dispute, you may approach the consumer court or file a complaint with the appropriate regulatory authority.
Adding your son's name as the second holder of the flat: You may consult a lawyer to prepare a gift deed or a will, depending on your preferences. The process may vary depending on the state or region, and a lawyer can guide you through the necessary steps and paperwork.
Protection of your husband's interests: If your husband is not mentally fit, it is crucial to safeguard his interests and prevent any undue influence or coercion from others. You may consult a lawyer or approach the local guardianship authority to explore the options available to protect his interests.
Financial assistance: If you are facing financial difficulties, you may explore the options for financial assistance, such as loans or subsidies provided by the government or non-governmental organizations.
Overall, it is essential to approach the situation with caution and seek legal advice to protect your interests and rights
Where your husband is living at preset if property is in your possession. They might get the WILL of gift deed executed in their favor to usurp the property but you can challenge the WILL or gift ( if any executed) of the ground of husband mental incapacity.
Property can trasfer in your son and you only after husband intestate demise.
