Legal heir for pagdi property

JS (Querist) 17 December 2013 This query is : Resolved
We have pagdi shop in mumbai with BMC as landlord and rent receipt in the name of my deceased grandmother.
My father and his four brothers runour ancestral business in that shop and paid rents to BMC regularly till now although the rent receipt is issued in the name of my deceased grandmother.
We have now, with the permission of BMC, given that shop on rent. However two of my father brothers who separated from the ancestral hindu business and this shop 40 years back are claiming right in the rent earned from this shop as legal heirs.
We are in the process of getting the rent receipt transferred in the name of my father and his four brothers by submitting Will of my grandmother in which these two brothers do not have any tenancy rights in this shop.
However these two brothers have now issued notice to BMC that they are the legal heir to this shop and BMC is now refusing to transfer the rent receipt in my father & his brother’s name and asking us to submit NOC from these two brothers.

My query is:
1. Will these two brothers who left the ancestral hindu business and the shop 40 year back be considered as legal heirs and thus tenants to this pagdi shop?
2. Can the WILL of my grandmother be considered for taking my father & his four brothers as tenants after her?

3. Since my father & his four brothers are still paying the rent of the pagdi shop, will they not be considered the statutory tenants? Or should they produce a Legal Heir Certificate to establish their tenancy rights?
4. Need contact details of lawyer in Mumbai who is expert in pagdi tenancy laws.

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ABDUL RAZIQUE (Expert) 17 December 2013
if they separated 40 years ago then why not you change the bill or omit their name from the bill.
They have right to claim as tenant according to rent receipt evidence.
It is better for U amicably settle the matter.

JS (Querist) 17 December 2013
Thank you Sir for your reply....Please note that there are 7 brothers out of which two brothers have left the ancestral hindu business and the pagdi shop 40 years back and their name is not appearing in any of the bill or rent receipt. They are claiming rights to this pagdi shop as Legal heirs.

The remaining brothers along with my father are paying the rent but the rent receipt is in my deceased grandmother's name

SHIRISH PAWAR, 7738990900 (Expert) 17 December 2013
all 7 brothers are legal heirs and if 2 brothers left the business far back you have to make out a good case before court.

adv. rajeev ( rajoo ) (Expert) 17 December 2013
Being legal heirs they have got equal share. Two brother have left long back, but they are entittle. If any rights have to be relinquished it requires regd., document.