Tenancy rights
Sanjay Lavu Mungekar
(Querist) 29 December 2011
This query is : Resolved
can father transfer his tenancy rights to one child without NOC from his other children.
Do such NOC is required when one has to take the decesion about his own property.
Devajyoti Barman
(Expert) 29 December 2011
Where do you stay?
In some states the tenancy rights can be inherited or transferred without the consent of the landlord.
Sanjay Lavu Mungekar
(Querist) 29 December 2011
Im staying in Mumbai, My father has transfered tenancy from his name to my name with indemnity bond cum declaration in 2002 and accordingly landlord also transfer rent receipt to my name.
It was NOT ancestral but It was my father's OWN property.
My question is do such transfer of tenancy from my father to me required NOC from my brother and sisters. I am staying there since 1969 till date & and my brother leave the place in 2002. My father expired in 2004 after transfering the tenancy in 2002 to my name.
prabhakar singh
(Expert) 30 December 2011
First misconception is that neither is it ancestral property nor is it your fathers' property.Fact is simply this that can your father surrender his tenancy rights with consent of his landlords in favor of any one desired in his life time or for ding so he needs consent of his sons.????????????????THE ANSWER IS THAT HE DOES NOT NEED CONSENT OF HIS SONS FOR SURRENDERING HIS TENANCY RIGHTS.THE MATER IS BETWEEN HIM AND LANDLORD
WHEN HE DESIRES TO INDUCT A NEW ONE OF HIS OWN WISH.
Deepak Nair
(Expert) 30 December 2011
righlty explained by Prabhakar Sir
Sanjay Lavu Mungekar
(Querist) 30 December 2011
Thank you sir, I got my perfect answer.
My father has surrender his tenancy rights to my name during his life (with indemnity bond cum declaration) with consent of landlord and accordingly landlord is issuing rent receipt to my name. Later on landlord sold his property to a builder now new (owner) builder is also issuing rent recipt to my name.
I just wanted to rest assured that no one (including my brothers or new landlord) can challenged this transfer in future to to go against my fathers wish & put me in trouble.
My father is no more but my mother is staying with me, do I need to prepare some legal documentation in support of my father's documentation regarding tenancy transfer.
Shonee Kapoor
(Expert) 01 January 2012
In Mumbai it is inherited and hence you need succession certificate and NoC from other siblings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sanjay Lavu Mungekar
(Querist) 02 January 2012
Does it means that in Mumbai a father who is a tenant can not transfer his tenancy rights with his own wish to one of his son with consent of landlord without NOC from his other children ?
V R SHROFF
(Expert) 02 January 2012
righlty explained by PrabhakarJI
AS SUCH, OTHER HEIRS LEFT THE PREMISES WILLINGLY AND VOLUNTARILY, HAVING NO NAME IN RATION CARD, ELECTORAL LIST, ELECTRICITY & GAS BILL, AND ARE NOW NO MORE COVERED UNDER RENT ACT.
If Rent Receipt on your single name, and all proof of residence therein stand in your name, no one can challenge your tenancy right, duly changed by Landlord.
Sanjay Lavu Mungekar
(Querist) 03 January 2012
all Heirs left the premise in july 2002 volundarily (now they may denied it)& since then the said premise is occupied by me only.
My father transfer tenancy to my name in oct 2002 (with indemnity bond cum declaration) with consent of landlord and accordingly landlord is issuing rent receipt to my name. My father expired in june 2004 in same premise that time only I was staying with him.(I think this also a valuable point)
Apart from my father's tenancy right transfer documents, latest ratio card, Electricity bill & telephone bill is on my name. (Latest ration card doesn't have other heirs name)
Hope this all is enough to leave me peacefully in future.
