Legal Question in Real Estate Law in India

I am from Mumbai. I am a tenant. Now a developer has come for development of this property. Developer is insisting on NOC from my sisters to get New flat in my Name. My rent receipt is coming in the name of my Father. My Father Got expired in 1993. My elder Sister Got married in 1984 and another Sister got married in 1993 after the death of my father. Is it necessary to get NOC from my sisters? Can somebody advice me what should I do? If the NOC is not required How i can describe in terms of law to the developer or MHADA?


Asked on 9/28/12, 5:36 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.09.2012

Dear Sir / Madam,

In case of a tenanted premises, it is always advisable to resolve your issues amicably with the landlord. You need to openly discuss with the landlord what it takes to get the rent receipt in your name by producing the Death Certificate of your father along with a letter in wrrting requesting for the transfer, since you happen to be the legal heir.

Is the landlord himself insisting for the NOC from your married sisters to transfer the rent receipt in your name ? If yes, you should settle the matter with your sisters and convince them of the importance of the transfer, rather than just leaving it in abeyance.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 9/28/12, 7:20 am
Shrichand Nahar S.V.Nahar, Advocate

May be

Obtain NoC from your sisters as required by developer.

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Answered on 10/23/12, 12:00 am


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