My grandfather (mothers father) died in 1973,my uncle(mama) continued staying with his family.He transfered rented apartment on his name around 20 years back and sold 2 yrs back.my question is can he sell rented apartment without NOC from his other married sisters,can married sister or their children claimed the share in the amount .
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How was the rented apartment transferred in name of uncle .
2) your uncle was residing in the said flat at the time of the death of your grandfather then your uncle would be entitled to the tenancy right. Under the law, whosoever was residing with your grandfather at the time of his death would get the tenancy rights
3) uncle can sell the apartment without consent of his sisters
A. As per the law of succession under the Hindu Law that your aunties can be challenged this transaction within 12 years from the date of sale happen under the law of limitation. However, it is very difficult to claim as the law of limitation also applicable to your aunties as they were silent since 20 years. In so far as inheritance concern that your aunties can be claimed the same by filing a condonation of delay application before the court.
B. Your aunties should be Issued a legal notice to the Purchaser as well your uncle and file a Partition Suit before the Court if no response from them.
First of all you should understand that there is no tenancy rights on the legal heirs of the deceased tenant.
A tenant is always a tenant.
Further the tenancy was transferred by your brother after the demise of your brother, therefore he is the rightful tenant now, hence he need not take NOC or permission from his sisters to sell his pagdi rights in the property.
No claim is maintainable in the eyes of law hence your sisters may approach the brother very humbly and politely ask whatever he may give them.
They cannot establish any legal rights over it.
He sold his rented apartment ( tenancy rights) by making part payment to landlord (approx 30 to 40 %).
This depends on the practical situation.
You cannot fight for your rights on such illegal transactions but a practice abundantly prevailing in the local.
There is no legality in claiming any rights in it nor there is any provision in law to claim a share in the revenue grabbed by him
Landlord generally charge around 33 per cent for transfer of tenancy rights
2) since rent receipts were in name of uncle he could sell the tenancy rights