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Transfer of property to legal heirs

(Querist) 24 February 2015 This query is : Resolved 
Hello. I have a query.
I stay in South Mumbai as a tenant under pagdi system law.
We have four rent receipts out of which three are in the name of my mother and one in my name of father who had deceased 13 years back.
Now, we want to transfer the three rent receipts in name of three sons who reside in the same house (one receipt which is in the name of late father and other two which are currently in the name of mother).
However, the builder is asking for a huge sum of money for doing so.
So, i want to know whether we can transfer the rent receipt legally or no and what would be the expense for doing so and do we need to pay any charges to builder for the same as we are not selling the property but only transferring it in the name of sons from their parents who are also the legal heirs of the property.
We are transferring the same as the building is soon going to be redeveloped and as per law we do not get any extra benefit if all the rent reciepts are in name of mother and father.
However, if the rent receipt is in name of sons then we get 400 sq ft for each rent room having different receipts.
So, also advice if transfer is compulsorily needed to get extra benefit during redevelopment .
Also let me know the relevant acts, clauses and sections pertaining to the above query.
Kindly note that our ration card is currently having a different address and not the address of the said premises mentioned above.
ajay sethi (Expert) 24 February 2015
on the demise of your father tenancy rights would be transferred in name of the legal heirs who are staying in the said premises

You can not force the landlord to transfer the tenancy right in the name of all the heirs as the landlord can issue rent receipt in favour of anyone of the heirs


your mother can not transfer the tenancy right in favour of 3 sons without the consent of the landlord.
Nikhil Doshi (Querist) 24 February 2015
Thank you for your prompt reply.
However, can we decide in whose favour should the rent receipt be transferred (only one) or the landlord will decide that?

Guest (Expert) 24 February 2015
Depends upon the discretion of the landlord.
Rajendra K Goyal (Expert) 24 February 2015
Try to have amicable solution and settle with the land lord.
Nikhil Doshi (Querist) 24 February 2015
OK thank you so much
Guest (Expert) 24 February 2015
You are welcome.
R.K Nanda (Expert) 24 February 2015
no more to add.


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