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Property dispute

(Querist) 03 March 2009 This query is : Resolved 
A rented flat (taken on rent in the 1940s) is converted into an ownership flat by an agreement between the landlord and the then existing tenant in the year 1992. As per the agreement, the existing tenant is offered a new flat in the newly reconstructed building, without any monetary consideration. One of the clauses of the agreement states that the tenant will not forego his right over the tenanted flat till he is able to occupy a flat allotted to him in the reconstructed building. However, he expires, intestate, in a hospital while he was staying on the tenanted flat, just 5 months before the old building was broken up. The deceased is survived by 3 daughters (all married and settled separately) and a son (who is also married but staying with his father).

On completion of construction, the son got to occupy the new flat. However, in the light of what is stated above, who actually is eligible for ownership of the flat since the deceased expired intestate; do the married daughters have any right over the new flat? If the son (since expired) has the right of ownership, will his legal heirs have the right to sell the flat without permission from his sisters?

PALNITKAR V.V. (Expert) 03 March 2009
The reply depends upon the definition of the term "Tenant" in the local rent act. In some states, the tenancy rights are held to be inheritable. If that is the position in your state, then perhaps, the sons and daughters may get rights. It is not clear when the son died.
KamalNayanSaxena (Expert) 04 March 2009
In this case tenancy rights have been converted into ownership. So, the Rent Act is not applicable here.

Now the successors have the same rights as prescribed under Succession Act.
V. Mohankumar (Querist) 04 March 2009
With reference to my query dt.3.3.2009, I am thankful to both the 'experts' for their answers. Just to clarify Mr. Palnitkar's query - i) the flat in question is located at Mumbai; and ii) the brother expired in the year 2007.

n.k.sarin (Expert) 04 March 2009
I do agree with the opinion of expert Mr kamal Nayan saxena.In my opinion in this case all the successors of deceased (including married doughter)get equal share.His legal heir can not sell the flat without the permission of his sister.
Adv.Shine Thomas (Expert) 05 March 2009
I agree with Mr.NK Sarin

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