Saurabh Kolekar 06 September 2019

Tenancy matter

I have acquired/purchased a residential room on tenancy basis in Mumbai. For that purpose, a "Transfer of Tenancy" agreement (Without Landlord) has been made and duly registered at the Sub Registrar Office. Now, its been almost 6 Months since I have registered the said Agreement but the Outgoing Tenant has not yet handed over vacant possession of the room to me. What legal action can I take against him ?

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 September 2019

As per agrement you have to send a legal notice to vacate. since a clause is mentioned in the agreement as follows.

The Outgoing Tenant has upon execution hereof handed over vacant and peaceful possession of the said flat to the Incoming Tenant. Henceforth, the Outgoing Tenant has no right, title, interest and/or claim of whatsoever nature in the said flat. All the deposits, if any, earlier paid by the Outgoing Tenant to the Landlords stand transferred for the benefit of the Incoming Tenant.

Kishor Mehta (CEO) 07 September 2019

Your document of Transfer of Tenancy has no legal status and is legally void. In Mumbai tenancy can not be transferred without consent of the landlord, only landlord has the right to transfer the tenancy.