LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sidharth   17 July 2017

Transfer of tenancy rights

Dear Expert, My father has a Tenancy in a Closed Stilt Parking (~110 sft) in South Mumbai since more than 40 years. So it is a non-residential premise. The Landlord of this property is not the Housing Society but a third party who has died more than 20 yrs back. The landlord does not have a legal heir since the matter is subjudice due to multiple wives / heirs which is not yet settled. My father would like to legally transfer / sell / assign this tenancy right to another person and ensure there is no future hassle or requirement at our end. I have read that under some latest changes in Maharashtra Rent Control Act, tenancy rights can be easily transferred without landlord consent? Do I need the landlord consent? If not, can I sell / assign the tenancy rights to some other person? What is the difference between Selling / Assigning the tenancy rights? Is there a cap on the consideration from selling or assigning the tenancy rights? Please suggest the legal and hassle free way to transfer the Tenancy rights soon? Best Regards Sid sidfire@gmail.com



 2 Replies

Siddharth Srivastava (Advocate)     17 July 2017

A tenant is alway a tenant and your father has no right to sell the property.

Sidharth   17 July 2017

Thanks for input. While I understand he cannot sell the property, I wanted to knw if he can sell his tenancy rights in the prop.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register