Enter into deed of settlement
get it drafted by local lawyer
legal heir certificate is issued by court and not by lawyer
Need final suggestion if the Deed of Settlement can be carried out
In Continuation : Oct 4, 2022 I "Ashish Bhaskar Patwari", aged 38 Yrs reside at City Dombivli of District Thane & Taluka Kalyan. My father had purchased the flat which used to be there in area Dattanagar , Ayre Road of Dombivli City. The name of the Building was "Heramb Building". My father Mr. Bhaskar S. Patwari did expire on date Sep 29, 2012. The flat was not transferred upon the name of We legal heir. The said building was demolished in the year 2021 of month August .Hence, we all legal heirs gave an advertisement in the Newspaper dated Apr 23, 2022 ( News HUB and ThaneVaibhav) to transfer the rights for the sale of unobstructed land in the name of our mother. The certificate is received for the same from the lawyer. The Building was declared as in Danger in year 2018 of Month February & was demolished in the year 2021 of month August. The certificate of Demolition for the same is acquired from K.D.M.C. in the year 2021 of month November. Also, the Certificate is acquired from KDMC dated Nov 10, 2021 stating our unobstructed rights in case of Redevelopment Project . When the building was to be demolished , my family was not sent any Legal Notice by court and rather the notice was sent to Owner of the Building. I do not know whether the Notice was sent to any of other Flat Owner in the Building. Now, even though the above mentioned “Heramb” building does not exist the Certificate obtained from lawyer and K.D.M.C. do entitle us to contribute in Redevelopment Project for which the lawyer said is that Our entire rights upon the flat which was part of the building are denied because the Society was not formed at the time of demolition. Further, his said is that in KDMC record , the status of the Ownership is recorded as Tenant. Due to these reasons, lawyer is refusing to provide Legal Heirship Certificate to us. Another lawyer to whom I met is agreed to produce me the Legal Heirship Certificate upon the Base of KDMC Certificate obtained. His said is that the Certificate can be given limited to the flat existed in past for which the right is reserved during the Redevelopment Project. Having to consider all above issues stated, I think the same could also be challenged in future. As per the Hindu-Succession Act 2005, We were the Legal Heirs for the flat before the building is demolished. Now, even though the building does not exist, we bear the same rights for the flat which is going to be constructed during the redevelopment. The format of draft for the redevelopment said by the lawyer go as follows : Building Description- Clause which state for Nullified Rights and for Not done with Conveyance & Society Formation- Clause which State for Redevelopment of the building- Clause which state for Settlement after getting surrendered from the redevelopment project. Having to Consider all the above issues, I find it is better to go with Deed of Compromise / Settlement because the issue does not exist from our side.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
it is advised to go with the Deed of Compromise/ Settlement as suggested by the lawyer, because it is the best option to get the legal heirship certificate for the flat which existed in the past.
Yes it's better to have deed of settlement
You can file a suit for declaration of title and interests in the demolished property on the basis of the legal heirs to the deceased owner/tenant.
you can also seek direction to the builder/developer to allot you the entitled redeveloped flat in the names of all legal heirs.
In the mean time you can issue a legal notice to exhaust the remedy available before you after which you can proceed legally over the issue.
Dear client,
Based on the information provided, it seems like there are several legal issues surrounding the ownership and rights to the flat that used to exist in the "Heramb Building". It is understandable that you are concerned about potential challenges to your rights in the future.
It may be advisable to seek the advice of a qualified lawyer who can review all the relevant documents and provide a more comprehensive assessment of your legal position. They can also guide you through the process of obtaining a Legal Heirship Certificate and advise you on the best course of action for protecting your rights in the event of any future legal challenges.
A Deed of Compromise/Settlement may be a viable option, but it would depend on the specific terms and conditions included in the agreement. It is important to ensure that any settlement agreement is fair and equitable, and that it adequately protects your rights and interests.
Ultimately, it is important to take a proactive approach to resolving any legal issues and to seek the advice of a qualified legal professional to ensure that your rights and interests are properly protected.
You can file writ in High court
your entire query is so confusing
what you have written only you can understand
even if the building is demolished, your right to get a new flat in the redevelopment project would still subsist
it just cannot vanish in thin air
it does not matter whether any society was formed or not
it also does not matter whether in the records your father's name was entered as tenant or owner of the demolished flat
i recollect i have replied to your vague queries before also
you want to surrender your rights in the old flat and do not want to claim the new flat in the redeveloped building for the reason that you have to make some contribution to the builder
in my view that would be foolishness
you are entitled to the new flat free of cost under whichever scheme the builder is carrying out the redevelopment
in case the builder is asking you to contribute for extra carpet area over and above your eligible free carpet area then it would be prudent to pay the same. in case you do not want the extra carpet area you can tell the builder that you want only your eligible free carpet area
i would suggest you book a phone consultation as it is very difficult to understand what exactly you want from your query
no point running round the bush and posting queries here multiple times. you will end up more confused!
