Transfer of tenanted property of a deceased person

Paresh Vaidya (Querist) 21 November 2013 This query is : Resolved
My unmarried uncle used to stay in a chawl which has been bought over by a builder for redevelopment few years ago. The rent receipt of the chawl room is in the name of the uncle. The uncle expired few days back.

The uncle had 3 married brothers (including my father) and 3 married sisters, total 7 siblings.

Out of 7 siblings, now only 1 brother and 2 sisters are alive, and the rest have their families behind. My father is also not alive.

The uncle before dying had verbally informed some of his siblings and friends that his share in the property may be given to me.

Also, when a document on stamp paper was signed between uncle and the builder (consent for redevelopment), the document was signed by my uncle, myself and one of my other cousin brother. However, my and my cousin’s names are not appearing specifically as ‘second party’ along with my uncle.

In this regard, please also note that we used to stay (my father till death, and my mother and sister even thereafter) in the chawl room alongwith my now deceased uncle. We moved out from there few years back and then uncle was staying alone.

In this respect, I have the following questions:

1. Can the tenancy right in the chawl room be transferred in my name by the builder (the chawl owner), if I arrange to get an NOC / release deed from other relatives?

2. If yes, whether such NOC / release deed has to be signed by the 1 brother and 2 sisters only (who are alive) or whether it has to be signed by the spouse / children of deceased siblings also?

3. The cousin whose name is mentioned in agreement – his father is alive. So do I need a separate NOC form my cousin as well?

4. Since the chawl is bought over by builder few years back, there is a list prepared by MHADA for the tenants eligible for houses in redeveloped buildings. If the builder transfers the chawl room in my name, how do I get my name enrolled in the MHADA list in place of my uncle, so that the flat in the redeveloped building will also be in my name?

5. Whether my non-staying in the chawl room will have any adverse impact?

Thanks in advance for the advice.

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