West Bengal Tenancy Act

Querist : Anonymous (Querist) 03 September 2016 This query is : Resolved
Hello,
My father had taken flat on rent in 1972
On Salami.
After he expired in December 2009, my brother and mother are still staying there.
While I have settled in Gujarat with wife and 2 kids since January 2009.
Landlord has asked us to transfer name.
Brother is not married.
We were planning to get it transferred in his name since he is staying there and taking care of family matters and liquid assets also.
Someone told me that if it's in his name then after his death , landlord will take possession and that I or my child will not be able to claim right on the said flat.

Please guide on what should be the right way to go ahead ?

Is it possible to have names of both us brothers in the transfer document.

What should we do to ensure that my child benifits from the whole thing at a future date.

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Ms.Usha Kapoor (Expert) 06 September 2016
Dear Client,

You all enter into a family settlement deed with the stamp of notary and also before LOK Adalat attached to District court deciding your shares or shares of each of you in the property in question with Lok Adalat's stamp and seal and the Lok Adalat's decree is equivalent to a decree of a civil court under Order 21 of C.P.c and also Legal Authorities Act and binding on all the parties to the Family Settlement Deed. Proceedings of Lok Adalat may not take much of your time and would be completed in just 1/2 an hour.

Rajendra K Goyal (Expert) 08 September 2016
No reply to query from anonymous author.

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