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Vacating of Property possessed by relatives

ajai03 3 Jul 2015, 11:03

Hello. This is Ajai. My father, who is a mason, purchased a property in the year 1980 of around 2000 sq. ft. in Gujarat and built 3 rooms over it. As my father was the elder son of my Grandfather, he allowed my 3 Uncle and Aunt’s to stay in it who didn’t had any property in their name. My father works in Mumbai on daily wage basis staying in a slum which was purchased by my grandfather before 1980’s. My father and Grandfather use to work together for few years and in late 1990’s my Grandfather left from Mumbai to stay in my father’s property in Gujarat.

Over a period of time, my father made changes in the overall structure of Mumbai Slum and improved the condition of the house twice, i.e. in early 2000 and in 2012. Whereas, My Uncles who were staying in Gujarat House didn’t made any structural changes barring few occasion of paintings. Out of 3 Uncles, 2 have now built their own property and moved out of our house. Our house is now occupied by Uncle who don’t have any property in his name and by my Grandfather.

Now, My Father wants to sell Gujarat Property and buy an apartment in Mumbai but my Uncle is refusing to vacate the house as he says he got share in Grandfathers Mumbai Property. My father claims Mumbai property for living and improving over a period of time.

The Mumbai slum house has got no sale deed but Ration Card, Electricity Bill is in the name of my Grandfather. Property owned by father in Gujarat is in the possession of title by Sale Deed.

Kindly advice the legal action I can take in claiming both the properties.

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