• Allotment of flats under mhada DCR 58 cessed chawl on mill lad

Dear Sirs/Madams,

Our chwal is in redevelopment with private developer under Regulation 58 of the DCR rule, the Tripartite agreement done in Joint name of Tenant and occupant, and now the tenant i no more. 

My Question is :- In such a case the allotment of flats after completion of building is in who's name. 
1) Whether it is going to be allot in the name of occupant or in the joint name of Tenant and occupant.
2) Only in the name of Tenant. 


Thanks 

Pankaj
Asked 12 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1. The tripartite agreement is required to be seen for giving proper reply,

2. Has it been mentioned in the said agreement that it will be jointly allotted in the name of the tenant and/or his legal heirs in case of his demise and the occupier and/or his legal heirs in case of his demise?

3. If yes then the legal heirs of the tenant can claim the allotment in their names.
Krishna Kishore Ganguly
Advocate, Kolkata
12137 Answers
233 Consultations
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allotment will be in joint name of tenant and occupant as per the tripartite agreement 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
After completion the building shall be in the joint names of the tenant ( legal heirs of the deceased tenant) and the occupant.


Joint name of tenant and occupant
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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What does the redevelopment agreement say on this point? Has this been addressed by the agreement? If the answer is in negative then the allotment has to be in favour of tenant's heirs and the occupant.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) it is necessary to peruse the redevelopment agreement 

3) on demise of tenant his 50 per cent share would devolve on all his legal heirs and 50 per cent on occupant 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
The legal heirs are entitled to a share in the intestate property of the deceased tenant.
Therefore if the occupant is also a legal heir, he will be entitled to a share in the capacity of legal heir besides his own share of 50%.
Hope this clears your further doubts too.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
If the occupant is one of the legal heirs to the deceased tenant then the property has to transfer to him and other heirs of tenant to the extent of their share.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. The Occupant will get his share as per the agreement,

2. The occupant also will get his share of the tenant's share alongwith the share of other legal heirs of the tenant.
Krishna Kishore Ganguly
Advocate, Kolkata
12137 Answers
233 Consultations
5.0 on 5.0

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