Tanency transfer

This query is : Resolved 

23 April 2019

I have a room in a chawl in mumbai , which is in my grandfather's name, i have 2 sister and 2 brother currently my elder brother is living in the same room, but my father gave me affidavit at the time of death of my father ,that this room belongs to my second son i.e me after my death can i be able to transfer the said room to my name (note : my father had a elder brother who is also a deceased but his childrens are there )
Note : (do i need NOC from all the heirs after having affidavit of my decesed father )
Please help

kavksatyanarayana (Expert)
23 April 2019

Dear queriest, as per your query the property is not partitioned. All legal heirs of your grandfather have equal rights over the property. The Affidavit given by your father is not valid.

Ansari (Querist)
23 April 2019

Thank you for responding @kavksatyanarayana, i wanted to know why is it not valid

Dr J C Vashista (Expert)
24 April 2019

1. Whether the property is your deceased father's own or occupied as tenant?
2. How can you claim succession of the property (if it title is claimed) on the basis of an affidavit?
Consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

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