Advocate Swati V Verlekar

Questions Answered by Advocate Swati V Verlekar

Q: illegal construction of compound wall and blocking ancestral pathway

my father & his cousin sister are staying in the same ancestral house using the same ancestral pathway for years but however the land infront of our house has been purchased by them and they had told us that we can still carry on using the same pathway as before. but now they are constructing illegal compound wall and thus not allowing us to use the ancestral path way.

Advocate Swati V Verlekar answered
in this case, since from how long your using the access way, you can file the civil suit against them asking for right towards the access which is your easementory right, with all the reliable evidence and documents. this will give you relief towards your access way. even file an complaint in the village panchayat if your municipality jurisdiction then can file complaint to them, against blocking of access.

Q: PROPERTY inheritance in goa of ancestral bunglow

Property goaThis query is for possible ownership of land & ancestral bunglow in Goa.The land is in the name of my late great grandfather. He had 2 children, an elder daughter (X) & a younger son (Y), both deceased.The daughter (X) has 2 daughters, elder daughter(A) has 2 sons & the younger daughter (B) is deceased & has 1 son & 1 daughter.The son (Y) has 3 children, 1 elder daughter(L), 1 son (M) & 1 daughter (N).(L) has 2 daughters, (M) has 1 son & (N) has 1 daughter.The house was never transferred from my great grandfathers name. Presently, it is occasionally inhabited by (N), since she is the only person with a Goan domicile. The electricity & water bills are also on her (N) name for the convenience of all since the last 2 years. It was renovated a year back by (M) which was paid entirely by cash, no bills preserved.Who is most likely to inherit the property?There is a mutual understanding between (L), (M) & (N) that the house will be given to (M) is that possible?

Advocate Swati V Verlekar answered
As the property is ancestral, all legal heirs have equal universal inheritence right. Therefore, need to file inventory proceeding to claim inheritance right. now, if any of the legal heir is looking after the property maintenance then, all the other legal heir if they willing then, can pay her/ him or else can relinquish their rights to the person who had looked after the property for long years. and settle the matter.

Q: BUILD HOUSE ON MY GRANDFATHER PROPERTY

Sir,My father have build house on half property and another half property fathers bother have build house and now this house tax is in name of our grandfather but water and electricity bill is in our fathers name as he have build this house we are staying in this house for more than 30 years so how can we claim right to this house .My Grandfather have 4 sons and one daughthers.Regards,Rajan

Advocate Swati V Verlekar answered
if the property belongs to your grandfather then, apply for inventory proceeding ( in case of the grandfather expired) in the court or else draft a document of partition deed and the same your advocate will help you in doing that. or if your grandfather is alive go for gift deed

Q: Advice on terrace maintainance work

Hello, i m staying in a flat since1995, bought on ownership by my father. Its a ground+1 building with 2 flats on 1st floor.The landlords are staying on the ground floor and i stay with my family in one of the flats on the 1st floor.Now the problem here is that we dont have any access to the terrace as it is always locked and the keys are with the landlords. They say its theirs and we have no access to it. Even if we have to do any maintainance work for our overhead water tank we have to ask them for the keys many times before they finally give it. For past few years during rains the terrace has been leaking hence spoiling our flat walls from the inside. we got this to their notice to do the maintainance but they say its our look out. We told them its their terrace as they always say n since we have no access to it, its them who should carry out the plastering work but they wont listern.Please advice on this.They claim the terrace to be theirs shudnt they do the plastering? Thank you.

Advocate Swati V Verlekar answered
give a hand written complaint against ur landlords to the muncipality saying that her terrace is having sepage problem and it keeps on sipping and because of which the cileing condition has become worst and it is dangerous for the life. and one complaint in the police station complaining that your landlord is restraining u from going on terrace and putting her own lock and also not allowing to repair it own overhead tank. this might help you.

Q: Forgary of ansector property by uncle

My uncle illegally put his name in ancestor property without informing his cousins (my father) we don't have that property papers .without knowing us he is paying tax of that land,he made all doc in his name .how to claim for our rights.Please advice

Advocate Swati V Verlekar answered
to get the documents of the property first u make an application under right to information act, 2005 and mention the details of the property and submit to the it to the public information officer at sub registrar of ur jurisdiction. and within 30 days u will get their reply. and if u do not get the reply within 30days then u have right to go in court against them for not providing information. as soon as if u find that ur documents of the property and if it comes to ur knowledge that the uncle had fradulently acquired the property u can file an petition against the uncle.