cpc

how to transfer tenancy and then sell?


Hi,

 

I have lived in the flat in qeustion since 1969 with my father, mother and two other siblings.

 

In 1987  my one sibling got married and she moved out to another town  .

 

In 1994 another sibling migrated to USA.

 

My father, mother and I (who was running the house) were living. 

 

In 2010 my father ( the tenant ) passed away with no will which left my mother and me.

 

Now the property is up for sale (redevelopment)   and the redeveloper is buying it but from only one nominated and needs NOC from other three. The siblings are willing to sign NOC but now and then the female sibling says she has legal right. A friend who is a law student said that tenancy is not a family property and only my mother and I are tenants now.

 

The questions are:

 

1.  Do siblings have legal rights to the tenancy since they moved out from 1987 and 1994 respectively?

 

2.  If my mother is nominated , how do I safeguard my interest as my mom wants to another twon and I wnat to live  in te same city? We have agreed to split it 50:50.

 

3. My mom said she will sign post-dated cheque amouting 50% of the sale of tenancy. Is that enough?

 

Thanks for your precious time.

 

 

 

 

 

 

 

 

 

 

 

 
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Other

where the property is located?

 

tenancy right cannot be trf by agreement or will  by the tenant.

only  land lord has the power.well ur sister will have legal right if they r staying in such property / it depends on the local rent law in which the property is situated,but builder generaly ask for NOC to be safe.

 

in ownership ur sister will have legal right over the property,if they have issued the NOC then there will have no right.

 
Reply   
 


DEEMED/CONVEYANCE OF BUILDING

Dear friend,

You were staying with your mother and other siblings.  Unfortunately, you father expired intestate (without will).

 

[1] Firstly, is a tenated house cannot sold or transfered without land-lord's permission.

[2] Secondly, the house is going for Redevelopment. Since Developer does not want others to claim, he will definitely ask

     for NOC of other members of family, though staying away.

[3]  Have you got tenancy transferred in the name of your mother or both of you. There should have much of the problem.

[4]  If not.  get it  transferred on your mother's name and take NOC from other sibling for  mother distributing the share.

[5]  Else, take  Irrevocable  Power of Attorney from Other members  that she can enter into Agreement for Redevelopment and dispose of the property the way

      you and your mother wanted.

[6]  To protect your share you can take mother in confidence and make MOU.

It is certainly mix-up issue you need to  take further Consulting to safeguard your interest rightfully.  If so wish  you may Contact on following:

ADV. JEEVAN  PATIL

CONSULTANT AND LEGAL ADVISOR

(M)  9869400938.

E-mail:  jeevansci@yahoo.com

 

 

For further Consulting

 

 

 

 

 

 

 

 
Reply   
 

Thnaks freinds.

To clarify.

 

1. It is not ownership. It is tenanted.  Ergo, it is not a family property. I belive if it was a family immovable property then others come into play.

 

2. It comes under Bombay Rent Act.

 

3.  Other siblings are not listed in ration card and other documents and moved out since 1987 and 1994 respestively as mentioned before.

 

4. I have paid all the rent and run the house since 1995.

 

I think Adv Jeevan suggests to take  Irrevocable  Power of Attorney from other members  that mother can enter into Agreement for Redevelopment and dispose of the property the way we two want is a better idea without getting into a squabble.

Thank you.

 

 

 

 

 

 

 

 

 

 

 
Reply   
 

To clarify

1. It is  a tenancy not ownership.

2. It comes under Bombay Rent Act.

3. Siblings moved out of tenanted premise since 1987 and 1994 respectively.

4.  Their names are struck out of ration card and other documents and only my late father , mother and me are on that list.

5. I have been paying rent and other bills from 1995.

 

Both siblings agree to sign NOC but sister has come up with post-dated cheques as guarantee idea. 

 

 

 

I think Adv Jeevan suggests to take  Irrevocable  Power of Attorney from other members  that mother can enter into Agreement for Redevelopment and dispose of the property the waythe two of us agree.

 

Thanks.

 

 

 
Reply   
 
DEEMED/CONVEYANCE OF BUILDING

Dear Friend,

1)Tenancy premises does not deprive of rights of other siblings of dependents.

2) If  Irrevocable POA suffice, then you may contact

 

ADV. JEEVAN PATIL

 
Reply   
 

Dear Adv Jeevan,

 

I this reply too:

 

Your premises are governed by the provisions of the Maharshtra Rent Control Act. Your premises is a residential premises. Under the said Act, when tenant dies, any member of the tenant's family is residing with tenant at the time of his death will be entitled to the tenancy right in preference to other heirs who were not residing with the tenant at the time of his death. In absence of such member then all the heirs will be entitled to the tenancy right. Therefore your  mother and you  entitled to the tenancy rights as you both wre residing with tenanat ( your father) at the time his demise.

 

Thanks.

 

 

 
Reply   
 
DEEMED/CONVEYANCE OF BUILDING

My learned friend.  I appreciate argument.  Can u deprive of right of other child who was staying away woth his frient or aunt ?. He will definitely fight  for share from the property whether he was staying with his father or with mother at the time of death.  It is substance of ancestral property.  Of course one has to establish the relationship  of heirs.

 

Adv.Jeevan Patil

 
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