Tebajari shop issue with family

838 votes

First, ascertain whether the NDMC tebazari shop was merely a licence in your father's name or whether the applicable NDMC policy permits transfer to legal heirs. Merely performing the last rites does not confer exclusive rights over the shop. If your father died intestate, your mother and all Class-I legal heirs, including children, may have succession rights. If NDMC is considering transferring the shop solely to your mother and sister, you may immediately file objections before NDMC along with the death certificate and proof of legal heirship, and, if necessary, seek an injunction from the competent civil court restraining transfer till the dispute is adjudicated.

Advocate Kawaljit Singh Bhatia LawRato

753 votes

Mere performing last rites does not extinguish other legal heirs' rights. If the NDMC shop stands in your father's name, succession depends on licence terms and all legal heirs may claim rights. Consult a local lawyer.

Advocate Pankaj Bajaj LawRato

590 votes

At the outset, merely because you performed your father's last rites and your mother and sister did not participate in the cremation or post-mortem proceedings does not automatically extinguish their legal rights as heirs. Succession to property and rights in a shop are governed by law and not by participation in funeral ceremonies. The crucial issue is the nature of the NDMC Tehbazari shop. If the Tehbazari licence/allotment was issued solely in your father's name, then after his death the right to continue the licence will be governed by the applicable NDMC policy, licence conditions and succession rules. In many cases, Tehbazari rights are not treated as absolute ownership rights and the authority may require all legal heirs to submit their claims before deciding in whose favour the licence should be transferred or renewed. If your father died intestate (without a Will), then ordinarily his widow, son and daughter would all be Class-I legal heirs and may have a claim in respect of the benefits arising from the shop, subject to NDMC regulations. Therefore, you cannot prevent your mother or sister from asserting a claim merely on the ground that they were living separately or refused to attend the cremation. You should immediately obtain the complete Tehbazari allotment/licence records from NDMC, apply for mutation/transfer of the licence in accordance with NDMC policy, and place on record all documents including the death certificate, licence documents, proof that you have been managing the shop, and any evidence showing continuous possession and operation by you. If your mother and sister raise rival claims, NDMC may ask all parties to establish their rights through succession documents or a civil court declaration. If there is any Will executed by your father in your favour, the position would be different and the Will should be produced before the authority. In the absence of a Will, your mother and sister cannot be excluded solely because they did not participate in the funeral or post-mortem proceedings. Before taking any further step, verify whether the Tehbazari right is transferable, inheritable, or merely a personal licence under NDMC rules, as that will determine the exact course of action and the rights of all legal heirs.

Advocate Yuganshu Sharma LawRato

827 votes

You can’t do anything, they are the legal heirs, they will get their share if your father hasn’t left any will solely in your favour. You need to hire expert advocate to understand the legalities in this regard

Advocate D. Khan LawRato