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Ramalingam

Ramalingam Kalirajan  |7510 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 20, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
AJ Question by AJ on Jun 20, 2024Hindi
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I have a flat in mumbai which is used by my cousin for 40 years, how can I get it back

Ans: It’s challenging when a property situation like this arises, especially with family involved. Let's go through the steps to reclaim your flat in Mumbai from your cousin.

Understanding Your Situation
First, let's break down the situation:

Flat in Mumbai: Owned by you.
Occupied by Cousin: For 40 years.
Legal Perspective
Reclaiming your flat involves legal processes. Here are the steps you need to follow:

Property Documents
Ensure all property documents are in your name. You need:

Sale Deed: Confirms ownership.
Property Tax Receipts: Paid in your name.
Electricity Bills: Preferably in your name.
Mutation Certificate: From municipal records.
These documents prove your ownership and are essential for legal proceedings.

Communication with Cousin
Start with a polite but firm conversation. Explain your need for the flat. Family issues can often be resolved without legal action. If your cousin is reasonable, they might agree to vacate amicably.

Legal Notice
If discussions don't work, send a legal notice through a lawyer. This notice should:

State Your Ownership: Clearly mention you own the property.
Request Vacation: Ask your cousin to vacate within a specific period.
Mention Legal Action: Indicate that you will take legal action if they do not comply.
Eviction Suit
If the legal notice is ignored, you need to file an eviction suit. Here’s how:

Hire a Lawyer: Choose a lawyer experienced in property disputes.
File a Suit: The lawyer will draft and file an eviction suit in the appropriate court.
Court Proceedings: Attend court hearings. Present all your property documents and evidence.
Court Order: If the court rules in your favor, your cousin will be legally required to vacate.
Police Assistance
If your cousin refuses to comply with the court order, seek police assistance. Provide them with:

Court Order: Showing the ruling in your favor.
Property Documents: Proving your ownership.
The police can help enforce the court order.

Alternative Solutions
Consider other solutions to avoid lengthy legal battles:

Monetary Settlement: Offer a financial incentive for your cousin to vacate.
Alternative Accommodation: Help them find another place to stay.
Maintaining Family Relations
Legal battles can strain family relationships. Try mediation or family counseling to resolve disputes amicably. Involve neutral family members to mediate.

Conclusion
Reclaiming your flat in Mumbai from your cousin involves a mix of legal steps and family negotiations. Start with communication, followed by legal notice and, if necessary, an eviction suit. Keep all your property documents ready and consider alternative solutions to maintain family harmony.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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i am a salaried person of 64 year old My father rented a small house in a chawl at malad west 1958 there are tenents ,he has expired in 2020 ,the above house is on a plot whos owner is pvt.ltd company. There is also story building on the same plot little bit away, it is 38 year old building & talk of redevopment is going on .what do i do about the same if from income tax point of view
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Rental income: If you receive rental income from the house until the redevelopment, this income will be taxed in your hands and you need to show it in your ITR and pay tax on it.

Tax implications - Once the chawl goes into redevelopment:-

Capital gains: The transfer of the old house for redevelopment will be treated as a sale, and any long-term capital gains arising from the transaction will be taxable at 20% after considering indexation. However, you may be able to claim an exemption under Section 54 of the Income Tax Act, 1961, if you purchase a new residential property within 1 year before or 2 years after the sale of the old house.

Rental income: If you rent out the new flat, you will need to declare the rental income in your tax return.

It is important to note that the above is just a general overview of the income tax implications of the redevelopment of property. It is advisable to consult a qualified tax professional to get specific advice based on your individual circumstances.

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Thank you very much for ur reply. But i am finding difficult to forget her.
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Acceptance: Accept that the relationship has ended and that continuing to hold on to it may be preventing you from healing. Acceptance doesn’t mean you have to stop loving her immediately, but it does mean recognizing that the relationship is no longer viable.
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Boundaries: It might be time to set boundaries with your ex-wife, especially if staying in contact is causing you more pain. Taking a step back from communication can provide the space you need to heal and gain clarity.
Professional Support: Consider speaking with a therapist or counselor who can help you process your feelings and guide you through the healing journey. Professional support can offer valuable tools and strategies to navigate the complex emotions you’re experiencing.
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My age is 48 years and i have one son aged 17 years and i am single son of my parents ,one and half year back my wife expired and upon insisted by my parents and close relatives i got remarried and she has one girl aged 8 years, after passing of six months she has started showing her true colors and it has become very difficult for me to continue and i want to get rid of this . Please guide me what should i do now.
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it’s important to reflect on what is making the relationship difficult. Understanding the specific issues—whether they stem from differences in values, communication problems, or other conflicts—can provide clarity on how to move forward.

If you haven't already, consider having an open and honest conversation with your wife about your concerns. Sometimes, addressing issues directly can lead to resolutions or at least a better understanding of each other's perspectives. Counseling, either individually or as a couple, can also be a valuable tool in navigating these challenges and deciding the best course of action.

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