Query about tenancy rights - mumbai property


Hello experts,


This is regarding to our property in a rented house (under redevelopement as per MHADA rules) in Mumbai.


Can someone please tell me who holds tenancy rights among legal heir... the one who used to stay in that property or all children are equally entitled for rights?

Also, please tell me if will of the deceased person does count about the said property?

- Thanks,

Ankush

 
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Can someone please tell me who holds tenancy rights among legal heir... the one who used to stay in that property or all children are equally entitled for rights?

 

Maharashtra Rent Control Act.

According to the said Act, upon demises of any tenant, the tenancy right will devolve upon the person who was residing with the deceased tenant as his family member at the time of his death.

 

will of the deceased person does count about the said property?

 

no.

rentent  property cannot be trf by will of tenant.


 


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Legal Consultancy/Advocate

Dear Ankush,

                         The Tenancy rights wil be transferred to the Legal Heir residing with the Deceased at the time of his/her death. Tenancy rights cannot be bequathed in a WILL. There is no provision for the same.


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Thank you so much all for your replies!

So, as you have said that the property gets transferred to the legal heir who has been staying with the deceased person. Can you please advice whom one should approch for this transfer process?

Also, do this process require NOC from other legal heirs? (those who do not stay in the premises).

 

- Thanks,

Ankush

 
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you have to take noc from other heirs to avoid future tussles from them 

 
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Then isn't it contradictory? on one hand the tenancy rights get transferred to legal heir residing at the premises. But still at the same time, NOC is required from other heirs... what if dispute arises?

- Ankush

 
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landlord will ask for NOC.from other heirs before trf .

landlord doesnot know to whom to trf, so they ask for NOC from other hier to keep themself safe .

 
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I have a similar query. My grandfather died 20 years back and my father has always stayed with him, before his demise and even after. My uncle was never by our side and it was my father who took care of the family. Now my father died a month back and the house is in the name of my grandfather. My uncle had also passed away 15 years back. My uncle's widow want a share now. My grandfather has not made any will. We stay in pagdi system and we are staying for more than 25 years. Are we the deemed owners ? Is my uncle's widow entitled to anything ? Please reply
 
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I have a similar query. My grandfather died 20 years back and my father has always stayed with him, before his demise and even after. My uncle was never by our side and it was my father who took care of the family. Now my father died a month back and the house is in the name of my grandfather. My uncle had also passed away 15 years back. My uncle's widow want a share now. My grandfather has not made any will. We stay in pagdi system and we are staying for more than 25 years. Are we the deemed owners ? Is my uncle's widow entitled to anything ? Please reply
 
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