Legal Question in Real Estate Law in India

Hello!

My question -

my grandmother lived as a tenant in bbay. Her younger daughter also resided with her. My mother is the elder daughter. Being married, she resided elsewhere.

when my grandmother died, she did not leave a will. Atleast, not that we are known of. However, while she was alive, the tenancy in her name got transferred to her younger daughter's (my aunt) name without our knowledge. Is this legally right? Does my mother not have any right here?

Also, after the tenancy got transferred to my aunt's name, my aunt got the property converted to ownership, without my mother's knowledge or consent. No NOC was taken from my mother. Can one get ownership done like this?

Kindly guide me on this. Thanks!

Archana


Asked on 3/26/14, 5:38 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

If at the time of transfer of tenancy in her name and then to ownership, your grandmother was alive then no NOC was required from your mother. You may drop in a detailed query at [email protected]

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Answered on 3/26/14, 5:50 am
Fca Prashant Chavan Expert Edge LLP

26.03.2014

Dear Archana,

In all probables, your grandmother prior to her demise, may have consented to the transfer of tenancy rights in the name of your aunty, and the landlord may have consented for the transfer of the tenancy rights from your grandmother's name to your aunty's name.

No, if so, your mother does not have a say in it anymore. Yes, your aunty can own the premises by settling the purchase consideration to the landlord.

Regards,

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Answered on 3/26/14, 8:24 am


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