Tenented property

Querist : Anonymous (Querist) 06 September 2020 This query is : Resolved
Sir,our family is my mother,father expired,we 2 married sisters ,no brother...my fathers one room is in south mumbai,it is tenanted MAHADA CESS building.due to old age my parents r staying with me..i am taking care of them.sister refused to take them in her house.
My parents made a Will and a room (tenanted property) givn on my name.
Sir my query is if it goes for redevlopmnt...then without my sisters signature...can i b the owner of that room/house?
Thnku...

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Dr J C Vashista (Expert) 06 September 2020
Since tenancy of the property was passed on to the LRs of deceased father, if so, it include your mother as well both of you hence consent of your sister is required to handover possession for redevelopment.

However, if the tenancy was transferred in the name of your mother alone, then no need to take consent of your sister.

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Dr J C Vashista (Expert) 06 September 2020
Issue of execution of will is different subject, which shall be operative only after death of testator.

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Querist : Anonymous (Querist) 06 September 2020
Thanku so much sir..my query solved....

Rajendra K Goyal (Expert) 06 September 2020
Get the tenancy transferred in your name otherwise sisters and mother would be having share in it till they give consent otherwise.

P. Venu (Expert) 06 September 2020
"Parents made a Will" - was it a joint Will?

Querist : Anonymous (Querist) 06 September 2020
Yes Mr. P. Venu sir,parents made ajoint will.....thanku sir...

Querist : Anonymous (Querist) 06 September 2020
Sir,Mr Goyal sir,landlord is not ready to transfering tenancy on my name....my late father is an original tenant,landlord refused to transfer on my mother's( age 88 yrs ) name..landlord is saying time of redevlopmnt it wil b automatically go to ur mithers name.. ...can u suggest something....thanku sir.

Rajendra K Goyal (Expert) 08 September 2020
Local laws applicable, please discuss in detail with local lawyer.

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