Inheritence of tenancy rights under maharashtra rent control act 1999
Tripti Nagwekar
(Querist) 28 August 2012
This query is : Resolved
Dear Advisors, Tenant A with his son B were residing in pagdi system building and getting rent receipt in the name of tenant A since the year 1960 from the landlord. In the year January 2001, tenant A died and son B paid rent for February 2001 and got receipt from the landlord. In the march month of 2001, the son B went to the landlord and requested to put son B’s name in the rent receipt after deleting Tenant A’s name as tenant A has been expired. Further son B agreed to pay any below table money to the landlord for change of name. The landlord refused to accept any money and refused to change the name on receipt and told son B to vacate the premise and told to son B that tenancy with son B’s father is over on his death and no question to inherit the tenancy right and landlord went to court. Now please inform me whether landlord is right in his action and would get the possession of room and evict son B under Maharashtra rent control act 1999 or any other law or son B would get his father’s tenancy right in inheritance under Maharashtra rent control act 1999 or Hindu succession act or any other act?
ajay sethi
(Expert) 28 August 2012
since B was residing with father A in tenanted flat on his death rent receipt shopuld be transferred in name of B as legal heir of A .
ajay sethi
(Expert) 28 August 2012
Section 15 of the Maharashtra Rent Control Act, 1999
defines the tenant thus:
“tenant” means any person by whom or on
whose account rent is payable for any
premises and includes-
(a) such person, -
(i) who is a tenant, or
(ii) who is a deemed tenant, or
(iii)who is a sub-tenant as permitted under
a contract or by the permission or
consent of the landlord, or
(iv) who has derived title under a tenant, or
(v) to whom interest in premises has been
assigned or transferred as permitted,
by virtue of, or under the provisions of,
any of the repealed Acts;
(b) a person who is deemed to be a tenant
under section 25;
(c) a person to whom interest in premises has
been assigned or transferred as permitted
under section 26;
(d) in relation to any premises, when the tenant
dies, whether the death occurred before or after
the commencement of this Act, any member of
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the tenant's family, who,-
(i) where they are let for residence, is residing,
or
(ii) where they are let for education, business,
trade or storage, is using the premises for any
such purpose,
with the tenant at the time of his death, or, in
the absence of such member, any heir of the
deceased tenant, as may be decided, in the
absence of agreement, by the court.”
B would be covered under section 15 (d)
V R SHROFF
(Expert) 30 August 2012
Legal heir can claim trf of tenancy right
Kishor Mehta
(Expert) 15 June 2013
Sir/s,
With due respect,
[1]I understand that son B has every right to occupy the premises as a statutory tenant, by virtue of his stay with his father during his lifetime, and the landlord can not make him vacate the premises.
[2] However, who will assure the landlord that son B is the only beneficiary for father A. Father A may have other heirs, in which case the proper procedure would be to file RAD and obtain an order from the Court for the transfer of tenancy rights in the name of the son B.
Regards,
Kishor Mehta
