can living person declare his legal heir.

Arif Patel (Querist) 20 September 2015 This query is : Resolved
I am Arif Patel. I am working with kantibhai in his scrap shop at Zaveri bazar. This shop is tenanted property of kantibhai. Kantibhai is alone and have no legal heir to him. I am his employee and taking his all care of food cloth medicine . My name is there in ration card of kantibhai as employee. Kantibhai want to give his shop and scrap business to me after he is dead. Landlord not agree to transfer rent receipt as he know that kantibhai is alone and have no one in his family. We stay in the shop. Can kantibhai go to court and declare me as his legal heir officially so after his death, as a legal heir I will become tenant of his shop and owner of his business. Kantibhai is hindu and I am muslim. Kantibhai is of 70 years age and I am 40 years of age. Please guide.

Follow Query

Report Abuse

Sudhir Kumar, Advocate (Expert) 21 September 2015
Yes it can be done.

legal adoption at this stage is not possible as you are above 15.

alexander (Expert) 21 September 2015
Arif seems to be Muslim name. Is it so Mr Arif Patel? If so then even if you had been less than 15 you would be ineligible.

Guest (Expert) 21 September 2015
Even if you both are of same Religion it will Not entertain you to be a Legal Heir for a Rented Property.

alexander (Expert) 21 September 2015
issue was one of adoption under HAMA

Rajendra K Goyal (Expert) 21 September 2015
Repeated query:

http://www.lawyersclubindia.com/experts/Tenanted-property-shop-560561.asp#.Vf-X3tmqqko

Kumar Doab (Expert) 21 September 2015
Repeated query.

Kishor Mehta (Expert) 21 September 2015
Sir,

According to the Maharashtra Rent Control Act 1999;
[i] a tenancy can not be bequeathed by Will;
[ii] only blood relations can claim deemed tenancy rights.

Good Luck,
Kishor Mehta

Dr J C Vashista (Expert) 22 September 2015
Consult a local lawyer for execution of Will in your favour, if it is applicable in your case.
Do not repeat same query.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now