On grand father demise your aunt is one of legal heirs
her NOC is necessary to transfer tenancy rights in your father name
your father should pay her some money for transfer of tenancy rights in father name
suing the builder would not help your case
How can I get flat ownership transferred to my dad's name
I and my family are staying in the house of a pagri system and the rent receipt is owned by my grandfather he died in 2017. In my family me,my brother, my mother and my father are there in my family. In 2011our landlords sold property to a bulider (the rent is stopped in 2011)and the redevelopment of building is not yet sanctioned but redevelopment can be sanctioned any time but my father’s sister(married in 2000)is not ready to give noc, bulider is saying her noc is requried or he will transfer the ownership of flat in our grandfather’s name. So can we sue builder and get the ownership In my fathers name?
Asked 5 years ago in Property Law
Religion: Hindu
16 Answers
As the building is sold by the title holder to a builder for redevelopment and builder has to get no objection certificate from all the tenants there is no point asking builder to transfer the property in their father's name toward the share holder is your father's sister on this ground you cannot sue the builder as your aunties not ready to give no objection certificate.
Yes as she is disputing for the noc it will be difficult for the builder to go ahead. You can approach the court for partition of her share
builder's contention is incorrect
under tenancy law, after demise of tenant, the tenancy goes to the family member who was living with the tenant at the time of his demise in the tenanted premises
only if such family member is not present, do the legal heirs step in
i am assuming that when the tenant died, your aunt was not living with him
if that is so then her NOC is not needed at all
how can agreement be registered in name of a person who is dead???
the builder is fooling you
Yes you should file a declaration suit for declaring the ownership of the property
By filing suit against builder your purpose is not going ot solve, how you can deny your father's sister (aunt's) legal heirs share in their father's property. So the problem her is with aunt and not builder get NOC by mutual understanding between you family pay her share amount instead of make litigation of property.
Hello,
- Since the receipt was on the name of your deceased grandfather it can only get transferred in the name of the legal heirs that includes your aunt.
- Either there aunt should give her NOC that will allow the builder to transfer it on your father's name or he will be constrained to allocate it in the name of the existing holder, namely the deceased grandfather.
- Alternately your father should buy the rights of your aunt and pay her off getting her NOC.
1. Since Grandfather's name is recorded in Rent Receipt, it is legally mandatory for all legal heirs to execute a registered Family Settlement Deed wherein all the legal heirs will have to sign with mutual consent.
2. In the described circumstances, no case of any type can be filed against Builder and will result in souring up relations.
NOC of your bua is required but if she is not giving the same deliberately then prove that she is not living in the house by submitting an affidavit of your father and one of your neighbor to the builder.
- The pagdi system was legalised by the Maharashtra Rent Control Act, and upon the death of a pagdi tenant, the tenancy rights are transferred to the legal heir/s who were living in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s.
- Further, the permission of all the legal heirs are not needed for transferring the ownership of the said flat.
- Hence, if the said fathers sister is not living in the house of Pagdi , then her permission is not needed legally.
You cannot sue the builder who mentions the law involved in it.
If your father's sister is refusing to give NOC, you somehow manage to get it by giving her share of money out of this property, otherwise allow the builder to transfer the rights to your deceased grandfather's name itself after which you can file a partition suit before court and get your legitimate share in it legally.
On demise of grand father his class 1 legal heirs are daughter and son. consent required from daughter(aunt) for noc. settle dispute amicably Or you can file partition suit before jurisdictional civil court.
No worries.
You issue legal notice to Builder and claim that you, your father and others are residing in the premises since long. Your grandfather died natural death.Your father is legal heir of your grandfather who is entitled to have heirship as per law. Therefore transfer the heirship to your father otherwise seek legal action before Court of law entirely at the risk of being charged to Builder and developer as to entire costs and consequences of the Suit against the Builder.
Her NOC is must. Let it transfer to grand father`s name. Even after her NOC and transfer of Pagdi and not ownership, she have share in the property.
No you need to get NOC from sister of your father because she is also legal heir of your grandfather and she can claim her equal share in property as your father.
She doesn't have any role in the rent. Her NOC doesn't matter. File a case against him.
