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Lata (trainer)     11 September 2015

Legal heirs of unmarried paternal aunt

My paternal AUnt was a tenant of a premise from 1981 to 1997. She was unmarried. Thereafter from 1997 to 2014 I was paying rent to the landlord of that room . The 43 rooms in that premise were acquired by a builder and developer without the consent of landlords of some rooms including mine.
The builder played a variety of tricks with other tenants and made them sign an agreemnet . But the landlord of my room filed an RAE case stopping me from creating any third party interest in the premise. Hence even though the rent receipt was in my name, the building was demolished during the pendency of the suit.

I settled my landlord by paying him 50% and he withdrew the RAE case against me. Now I have filed a case against the builder. But the builder is playing divide and rule game against me and my siblings.

I have got NOC from brother and sisters. My AUnt was unmarried and I am the tenant of the premise for the past 16 years. But in the builder's conveyance deed (2010) my Aunt's name is mentioned and not my name. The builder did not want to settle landlords and got his plans approved in a very efficient manner.

My Aunt was unmarried and she was the tenant of the premise before her death in 1997
I have been tenant since 1997 to  2014.
 i have got the case withdrawn from the owner of my room.

Now I can sign up with builder. I have taken NOC from my siblings. But the builder is telling to prove it in the court also.

In case of a tenanted premise, is NOC required from legal heirs in case of an unmarried Paternal Aunt?

 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     20 September 2015

First of all you're not a legal heir of your paternal aunt  at all. Your father or her other siblings can become her class II  legal heirs.  You have not told whether your aunt is alive or  not.You said that you have rental paid receipts on your name, so you have been recognised as a tenant  by the landlord, the builder has no business to reject your tenancy  nor  he can deny the fact the rent receipt in your name confirm your tenancy as a heir of your aunt (if deceased) more particularly if  you possess NOC from your other siblings.  You may approach court for an injunction against the builder and for remedy and  relief. 


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