Flat allotment procedure under DCR #58 for permanent accommodation
Please tell me what are the steps involved in allotment of permanent alternate accommodation under DCR Rule 25, Building is almost completed and MHADA inspection for new rehab building occupancy is done.
Registration of flat is done in Tenant and Occupant name before redevelopment but now the Tenant is no more. In Such case whom MHADA/Builder should allot the possession of property.
Asked 6 months ago in Property Law from Greater Mumbai, Maharashtra
If the registration has been done in tenant (who is since deceased) and occupant's name then the heirs of tenant step into his shoes. The allotment has to be in favour of the tenant's legal heirs.
1) if building is completed possession cannot be delivered until building completion certificate or OC is issued by BMC
2)in case of demise of tenant MHADA/ builder would not deliver possession of the flat unless probate or letters of administration or succession certificate is obtained by legal heirs
3) if deceased tenant left a will probate would be mandatory
4) if deceased tenant died intestate builder would insist on letters of administration from court
After completion of construction, the builder has to procure occupation certificate from the competent authorities to confirm the fitness for occupying the flat by the occupants without which the flat cannot be occupied by the tenant.
If a tenant has died before possession then the builder cannot hand over possession without succession certificate or legal heirship certificate of letters of administration or probate of Will, if any.
The legal heirs may produce a legal heirship certificate or succession certificate (not applicable for immovable properties) or letter of administration to claim the property belonging to the deceased tenant as its successors in interest.
when the agreement is registered in the joint name of tenant & Occupant. In such a case what is the position of occupant whether he is eligible for 50% right in rehab building or only the tenant and their legal heirs are rights to hold the position in rehab building.
Asked 6 months ago
In the redevelopment project only the authorised tenant shall be entitled to all the privileges that has been offered.
In my opinion the occupant may not be eligible for such benefits.
Since you say that the agreement was signed in favor of both jointly, you may go through the contents of the agreement for the sharing or any other benefits as mentioned therein.
Please revert with the information about the clauses that makes the occupant entitled for 50% share for more opinions.
both would have equal share in flat in the rehab building as agreement has been registered in joint names of tenant and the occupant