Transfer the tenancy name

ushavartak@rediffmail.com (Querist) 26 March 2011 This query is : Resolved
Sir,

My mother & father both are died. My father is having one room in his name. We are 3 sisters.
We want to transfer the room name in my name or my sisters name. Sir, Please advise what paper required so I can do tenancy transfer easily. Required legal heir statement or succession certificate.

Please advice.
Thanks and regards.
swati

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Devajyoti Barman (Expert) 26 March 2011
Though tenancy is inheritable , for further transfer amongst the legal heirs inter se only the landlord is the competent person.

Guest (Expert) 26 March 2011
YOU MAY INFORM THE LANDLORD BY SPEED POST A.D. ABOUT THE DEATH OF YOUR FATHER AND REQUEST HIM TO ISSUE RENT RECEIPT IN THE NAME OF YOU OR YOUR SISTER .YOU ALL SISTERS SHOULD SIGN THE SAID LETTER.
BUT BE CAREFUL AS LANDLORD MAY TRY TO EVICT YOU FROM THE SAID TENANCY ,IN CASE HE ISSUES ANY NOTICE YOU MAY FILE A CIVIL SUIT FOR INJUNCTION IN THE CIVIL COURT.YOU WILL SUCCEED.

Kiran Kumar (Expert) 26 March 2011
the legal position is that the tenancy is inheritable (as mentioned by my friend Barman)....however, you will have talk to your landlord for proper transfer.

the apprehension shown by Mr. Sawant is also correct, but prior to be offensive it will be better to talk to the landlord and resolve the matter amicably.

Advocate Bhartesh goyal (Expert) 26 March 2011
It is correct that tenancy is inheritable but for those legal heirs{sons and daughters}who actually used to reside with deceased tenant.you all are entitled for tenancy rights.follow the advise of Kiran Kumar.

Advocate. Arunagiri (Expert) 26 March 2011
Tenancy is inheritable. Inform the landlord about the legal heir and ask him to update his records.

ushavartak@rediffmail.com (Querist) 28 March 2011
Thank you very much Sir, giving very good Advice. Goyal Sir, myself using this room.
I personally met landlord 4 to 5 times. My sisters also met him. He demanded money, even my mother was alive that time. Please advice. Thanks and regards. swati

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