Legal Advice on Redevelopment Rights
18-Feb-2025 (In Property Law)
Dear Lawyer's ,
I have lived with my family in my grandfather’s room for 36 years. My grandparents passed away in 2006. My father has two brothers and two sisters who never cared for them, while my parents took full responsibility. Now, our building is set for redevelopment. Are we legally entitled to rent during redevelopment, possession of the new flat, and a share of the corpus fund? Kindly advise on our rights and the best course of action.
Dear client based on your query, you may have rights with options during redevelopment and possibly a share in the new flat or corpus fund. However, specific entitlements depend on local property laws and inheritance rules, and going through statutory provisions is advisable, for relevance we can help you regard the process and in legal ways for which you can connect with us.
Under Indian law, if you have resided in the property for 36 years, you may be entitled to temporary rent compensation during redevelopment, subject to the provisions of the Rent Control Act, applicable in your state. If your family holds ownership or you are an heir, you may claim a share in the new flat. Regarding the corpus fund, entitlement arises if contributions were made by your family. Legal consultation with a property lawyer is recommended for detailed advice and to assert your rights effectively.
If the property was not willed to anyone specifically, it is inherited equally by all legal heirs (your father and his siblings).
Since your parents took full responsibility, you may argue for a larger share based on contribution and possession.
If the property is under Pagdi system or tenancy, you may be entitled to a new flat or alternate rent compensation during redevelopment.
If the property is owned and redeveloped by a builder, you should check the development agreement for clauses regarding rent and allocation of flats.
If the property is inherited jointly, the redeveloped flat and corpus fund will be divided among all legal heirs.
You can claim a higher share by proving long-term possession and maintenance responsibility.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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