Legal advice on pagadhi property dispute matter.

4 years ago

Myself Ashim Mohan Das S/o- Late Mohan Chandra Das age 42 years with my wife Smt.Renaissance Das age 41 years lives in 3/40 Roshan Building,Shankara Abaji Palav Marg,Shindewadi, Dadar East,MUMBAI-14,Maharashtra.
1. My father expired on 6th October 2018 by heart attack. I have two younger sisters who are well settled one of them Smt. Amita Dhanoki age 38 years lives in Mulund West Check Naka her husband is a Diamond and Gold Manufacturer and another sister Smt. Anima Das lives in Goregaon East Bimbisar Nagar, she is a teacher and her husband Dubai returns with good earnings in diamond jewellery setting jobs. As My father died suddenly because of that he was unable to make any will regarding his property.
2. Now,presently I lives in this flat which comes under Pagadhi(Leasehold apartment). My sisters started demanding their property share from me after 10-12 days as my father expired.
3. They frequently compelling me to sell this pagadhi flat and give them their share. They even forcing me to give rent for this apartment as per market rent price around Rs. 12000/- per month if I am not selling or vacating this flat within 31st May,2018.
4. I told them how could I do so, but they are not ready to listen anything from me and treating me like step brother and threatening me and my wife that if I am not vacating the house they will throw our belongings after 31st May 2019.
5. On 25th May 2019 around 12 noon my two sister came to this flat (Dadar) and started doing argument with us unnecessarily asking questions like" How many days you going to live here? When you people are going to vacate/ sell this flat? And how you will be able to give our share like this and after that started using fouly languages about my wife and me.
6. Actually I am high diabetic and doing treatment also and that day I was very sick unable to say anything to my sister that's my wife told from my side whatever ask me that's why they are keep on shouting and trying to gather neighbour to show the drama.
7. To avoid this I told to go away from here and do whatever they want to do. I told them I can't vacate this apartment because now I becomes jobless due to closing of Chevorolet Company in Andaman and Nicobar Islands where I was working and my wife who working in Andaman and Nicobar Islands not received her salary for past 3-4 months. We are not enough money to go for rent and why should I go for rent when I and my wife already lived here.
8. They went away from here and warn me that if I am not going to vacate this apartment then they will go to police station to launch complain against me that I slapped them and threatened me to make me out of the this flat.
9. On that day my sister Smt. Anima Das launched a false complaint against me in Boiwara Police Station around 1:30 PM.
10.When I come to know about this we means me and my wife went to the same police station and launched complain about my sister Smt. Anima Das.
Please suggest me what I can do against my sisters so that they can't force us to vacate/sell/ or give rent to any anybody or collecting rent from me for this apartment now and until I am not able to buy my own flat in Mumbai. Also mention that if for any purpose I am going out of Mumbai for months or years they are not permissible to give this flat for rent or to sell.

One of the advocate given me send free legal advice that Pagadhi property after the father's death the successor can be tenant. I tried to approach many times to the owner of the building but found that one of the mobile no. always switched off whenever I tried to cal him and another no. are does not exist.

I don't know his office in Mumbai. Actually he lives in Surat, Gujrat. And I ask other tenant also his residence but nobody knows his address. He comes to collect rent once in a while and from past 6-7 months he not even come to collect rent also.
Now suggest me what to do next to come out from this situation.