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Pagdi property

(Querist) 25 March 2015 This query is : Resolved 
Hi,

My Friends father (Expired) was having a room in South Mumbai, she and her mom were not staying with her father from last 15 yrs ( Mutually divorced ) & even not in touch with the father

Now as her father expired ( Room vacant from last 7 Months & no other person as Legal Heir of her father they met landlord & requested him to transfer the rent receipt on her mom's name or daughter's name, but he is refusing to transfer the rent receipt saying he bound to transfer the receipt to the legal heirs staying with them. Landlord knows that her mom & dad not staying together since long & no other person to claim the room

Please suggest
Kishor Mehta (Expert) 26 March 2015
Sir,

If the couple is not legally divorced, then the wife has the right to claim deemed tenancy, even if they had been living seperaely.

Good Luck,
Kishor Mehta

sandeepkariya (Querist) 26 March 2015
Thanks sir but if legally divorced still can daughter claim staying with her mom ?
Kishor Mehta (Expert) 27 March 2015
Sir,

A legally divorced wife or her children can not claim any tenancy rights in a rented premises.

Please understand that tenancy rights are not ownership rights, and only the blood relations residing with the tenant can be termed deemed tenants, and can claim residential rights in the rented premises.

In case if the tenant is residing alone, only the blood relations can claim deemed tenancy rights.

Good Luck,
Kishor Mehta
sandeepkariya (Querist) 27 March 2015
Thanks you so much sir for the detail clarification
T. Kalaiselvan, Advocate (Expert) 29 March 2015
Well advised by expert Mr. Kishore Mehta. However, you may advise your friend to occupy the vacant room and issue a legal notice to the landlord as legal heir to her father and ask him to transfer the tenancy on her name, whatever worth it is, try costs nothing.


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