My grandfather entered into a rental "pagdi" property in 1970 in an apartment in Mulund - Mumbai. He has 3 sons. My grandfather died in August 2009 and at the time of his death only my grandmother (age 85 years) and my unmarried kaka (55 years old) were living with him. My father and our family and my other older kaka and his family had moved out of this apartment in 1987 and 1990 respectively. The rental receipt is only in my grandfather's name.
Now in 2006, a developer bought the land and the building from the original landlord. The new developer has clear title and ownership of the land and building. The new developer wants to demolish this building and build a new high rise. He has not collected any rent since 2006.
My questions are:
1) Does my grandmother and my unmarried kaka have full tenancy rights to this flat ? They are still living in this flat uninterrupted since 1970.
2) After the redevelopment is done and a new building is constructed , will my grandmother and kaka have automatic ownership rights in the new flat or any special paperwork, agreement has to be done?
3) My most important question is that if during the redevelopment ( that is after they sign the consent to vacate the building to allow for demolition and before the new flat is ready, transferred and registered in my grandmother's and kaka's name ) if either my grandma or my kaka or both die , what happens to the flat ? In such a situation , our family wants to transfer the ownership of this flat to my older kaka's son (my cousin) and we all agree and have not objection to this as he is under sever financial hardship.
4) As per Mumbai law, can we ask the developer to convert this flat into ownership first before my grandmother signs the consent to demolish. In this way, the flat will then be owned by her and she can then specify in her will who she wants to give this flat to. Is this a more common approach
I want to make sure that we do all the paperwork, wills , any special clauses or agreements with the developer to make sure that the flat remains in our family and does not fall into the developer builder's hands. The full market value of this flat is around 35 lacs.
