• Adding Legal Heir Name in redevelopment of tenant based building

Our tenant based building is going under redevelopment. The developer is not ready to add legal heir name in redevelopment agreement.

Kindly advise.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) who was the original tenant ? 

2) on his demise did you make application to landlord to transfer tenancy in name of the legal heirs ? 

3) has redevelopment been agreed to by the tenants ? 

4) if landlord has transferred tenancy in favour of legal heirs builder will add name of legal
Heir in redevelopment agreement 
Ajay Sethi
Advocate, Mumbai
38866 Answers
2180 Consultations

5.0 on 5.0

Hi, issue a legal notice to the builder and ask your builder to include the legal heirs in the Agreement.

If he fail to do so then you have to file a suit.
Pradeep Bharathipura
Advocate, Bangalore
4450 Answers
192 Consultations

4.3 on 5.0

1) During your father lifetime redevelopment agreed would be signed only between your father and the developer as only your father is the tenant of the flat 

2) only on demise of your father would legal heirs have any rights on the flat 
Ajay Sethi
Advocate, Mumbai
38866 Answers
2180 Consultations

5.0 on 5.0

Hi sir/madam, your father is original tenant in the said building, after demise of your father automatically transfer the said building tenancy in your name as successor if landlord mentioned the legal heir can used the house incase of demise of tenant. Other wise you should demand and rectify the said tenancy agreement to add the Legal heir names by issuing a legal notice for the same.
C. V. Jadhav
Advocate, Bangalore
311 Answers
12 Consultations

3.9 on 5.0

The name of the legal heir is not to be added in the redevelopment agreement unless the original tenant has died. It is not required to be mentioned in the redevelopment agreement that legal heir can use the house after the demise of tenant as the legal heirs succeed to the rights of the tenant. 
Ashish Davessar
Advocate, Jaipur
21840 Answers
595 Consultations

5.0 on 5.0

What you mean by redevelopment agreement.?
In your case your father is alive. So it is not necessary to add his legal heirs in redevelopment agreement.After his demise the legal heirs automatically come to the picture. 
Ajay N S
Advocate, Ernakulam
2551 Answers
33 Consultations

5.0 on 5.0

1. There is no need to add the names of he  legal heirs of the owner of he building in he redevelopment agreement,

2. In case of demise of the owner, his legal heirs will automatically step in to his shoes as per succession act  of our Country,

3. Take care of the other aspects of the said re-development agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
16132 Answers
391 Consultations

5.0 on 5.0

1. It is now clear that you are a tenant who wants to add his legal heirs name in the re-development agreement,

2. Tenancy is a right to live against payment of rent. It is not the right to own the property,

3. If the Tenancy Act of your state permit passage of tenancy right to the legal heirs of the tenant, then there is no need for inclusion of legal heirs name in the re-development agreement since the legal heirs of the original tenant will automatically inherit the tenancy right from the original tenant if the same id permitted as per the local Tenancy Act.
Krishna Kishore Ganguly
Advocate, Kolkata
16132 Answers
391 Consultations

5.0 on 5.0

I do not think that if your father is tenant then you also become tenant automatically........... as far as the tenacy agreement is concered it is mentioned that legal heir can use the house. but is does not mean that legal heirs become tenant........

Pls. provide more information for analysis. 
Shailendra M. Rajput
Advocate, Ahmedabad
11 Answers

Not rated

The developer is right in refusing to add the legal heirs of the name in the redevelopment agreement when the original tenant is alive.  There is no necessity to include the legal heirs.
The question of tenancy rights to the legal heirs will arise only after the demise of the original tenant.
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

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