1) in case landlord sells plot to some other builder the redevelopment agreement would be binding on the new builder
2) your uncle one fourth share will devolve on his legal heirs who are staying in the said premises
Pagdi bldg redevelopment in Mumbai - Mulund.
Pagdi bldg in Mulund Mumbai. My Grandfather - original tenant died in 2009. Rent receipt still today in name of grandfather. Landlord/builder entered into a Consent Agreement for redevelopment in 2013 and has names of grandmother and all 3 children of grandfather (so total 4 names in the consent agreement) . My father is one of those names. All 4 signed everything in Mumbai court in front of a judge in 2013. No redevelopment work started till now. Architect plans not yet approved by MCGM and no IOD etc nothing yet. Now one of my uncle (one of those 4 names in the consent) died 2 months back. He has no will. So what happens to his share in the redevelopment consent agreement ? Now only 3 of the 4 people are living. Also what happens if landlord/builder sells this plot to some other builder. Will any new landlord/builder legally required to honor this 2013 Consent agreement ?
Asked 6 years ago in Property Law
Religion: Hindu
11 answers received from multiple lawyers
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11 Answers
1.n the death ofyour ucles hislegalheris willbe entiled to the benfitsofthe agreement.
2.SInce no works ahs started as yet it is advisable that all of you make a fresh agreement bringing the legal heirs of your uncles in the agreement.
3. If some other builder gets the plot for redevelopment then another new agreement will have to be made with the fresh builder as he is bound by the terms of 2013 agreement.
your uncle share will distributed among his legal heirs. If the land lord / builder sell the property then new builder is also bound to obey the agreement entered in to between Judge. So new builder is also entered in to an agreement along with legal heirs of uncle.
Your Uncle's interest in the consent Agreement will pass on this his legal heirs. Thus, he'll be automatically replaced by his legal heirs in the said Agreement.
In the subsistence of the agreement the landlord cannot transfer this property. You should approach the court and pray to expedite and enforce this agreement. According to Section 62 of the Indian Contract Act if landlord wants to sell this property he has to get leave of novation from the court by filing in application under Section 62.
Your uncle's 1/4 share will be divided among the legal heirs.
In case the landlord sells it to some other person, the redevelopment project would be binding on that person also.
Regards
The registered agreement shall be valid for all legal purposes
Since your deceased uncle was one of the parties to the agreement, his interest in the property property shall devolve on his own legal heirs.
If the owner is selling his share,the new owner is bound to honour the agreement.
1. If your said demised Uncle was not married having any family of his own, his share will be divided amongst all his 3 legal heirs.
2. If the property is sold by the present owner to a third party, then he will own the said property alongwith you as the tenant residing in the property.
3. If the redevelopment agreement mentions that it will be applicable and binding on the parties even if the building is sold to another person, then it will be binding, otherwise not.
Follow up question - how to create a "WILL-proof" property ownership deed ? Is there any type of deed or any special wordings of property ownership such that it cannot be disturbed by a future WILL of any one of the joint owners. We are thinking about putting my father's name + my grandmother's name in one flat agreement(deed) and my uncle's name + my grandmother's name in another flat agreement(deed). The goal is that after grandmother, the respective flats should go solely to uncle and to father each. Grandmother has recently created a WILL accordingly saying her wish is to give one flat to uncle and another to my father. We are all happy with the current WILL. However, the concern is that some other relatives (her brother's family who lives nearby) may influence grandmother to change WILL to something else. So how to create a property deed such that any future WILL changes by grandmother cannot impact this property ownership goal ? Basically how to create a "WILL-proof" property ownership deed ?
Asked 6 years ago
will can always be revoked by grand mother during her lifetime
2) best option is grand mother can execute gift deed for her property while retaining life interest in said property
If your grandmother wishes to transfer the properties to both the sons equally, then she may better execute a registered conditional settlement deed in respect of the properties to be given to each of her sons accordingly.
The condition of the settlement deed shall be that she would be in possession enjoyment of both the properties till her lifetime after which the properties shall be acquired by the respective sons.
The Will can be changed anytime during her lifetime hence there is no guarantee in the form of a will for the acquisition of properties by her sons.
1. No law stipulates executing a final will which can not be changed by him later on. So, the term 'will proof ' does not exist in legal parlance.
2. Your grandmother can register a settlement deed duly suppressing the said will by making the said arrangement which can not be revoked.
3. The settlement deed can not be changed by your grandmother however influenced she might become by any of your relative on a future day.