You should get your uncle flat as your uncle has been staying in flat for 45 years as tenant
on demise of uncle your father and his siblings are legal heirs
Shall we get the re-developed flat of my unmarried uncle?
My father, mother , sister stay in a rented flat. Me and my unmarried uncle stay in a adjusent flat. Both the flats are connected inwardly (unofficially). Now recently a promoter purchased the building from our landlord with tenants. As we have been staying their for 45 years. Promoter promised us new , our self owned rebuilt flat. The major problem is my unmarried uncle just have passed away. Though the agreements and other paper are not signed till now. My question is whether we shall get my uncle 's flat or not? Please help us with light of hope.
Asked 4 years ago in Property Law
Religion: Hindu
9 Answers
Hi, it is very difficult to get flat after re-development. Unless and until you have to registered agreement binding both of you.
You need to get his legal heirship certificate if he has not left any will in your favour in above conditions
If you are not a legal heir to your deceased uncle, only the legal heirs of your deceased can claim his rights over the property and not others.
Just because you are residing with him will not enable you to claim his share of property
The Lease Agreement transfers the right of ownership to the tenant for an indefinite period of time, which can be problematic because it encourages the tenant to claim the right to permanent occupation .Sec. 2 (g) of West Bengal Premises Tenancy Act, 1997 describe in the case of a death of a tenant his spouse, son, daughter, parent and the widow of his predeceased son, who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependent on him and who do not own or occupy any residential premises. It provided further that the son, daughter, parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant in the said premises up to the date of death of the tenant as a member of his family and was dependent on him and who does not own or occupy any residential premises, shall have a right of preference for tenancy in a fresh agreement in respect of such premises.
Your deceased Uncle’s legal heirs can claim his rights over the property, so first take a legal heir ship certificate. Before the Re build the structure you should negotiate with new builder.
- Since, your uncle was unmarried , then your father and his other legal heirs can claim tenancy right after the death of your uncle.
1. Well, it is not clear when your uncle died.
2. if he died more than 5 years before and if you were not dependent on you then tenancy is not inherited by you.
3. therefore the portion of your uncle is forfeited in favour of the landlord.
4. However you are free to make a necessary agreement with the developer in respect of your share of tenancy i
No, You are not entitled to that flat as you are not his legal heir.
1. You shall have to establish that you stayed with your Uncle in the said flat taken on rent by him from the flat owner.
2. You shall have to write to the flat owner for converting the tenancy of the said flat in your name from yje name of your deceased Uncle.
3. After stepping in to the shoes of your Uncle as tenant, you can claim your flat in the new rebuilt building.
