Transfer of name in tenant property

Dhaval Dave (Querist) 13 September 2014 This query is : Resolved
Dear Sir/Madam

We have one property in name of my father's elder brother (my father & he both are siblings). he wants to transfer the property in my name (as after partition). We have been staying there for past 25 years, after approaching to landlord for the transfer of name ( ie from name of my father's brother to my name). he refused to do so. what can be other route to transfer the property from his name to my name as the landlord has refused for any transfer of name

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Kishor Mehta (Expert) 13 September 2014
Sir,

In MAharashtra, in a tenanted premises, the transfer of name in rent receipt is the Landlord's prerogative and he can not be forced to transfer the name in the rent receipt.

However, as you have been residing at the premises since long you are protected under the Maharashtra Rent Control Act 1999.

Please preserve the proof of your residence at the rented premises, like ration card, electric bills, rent receipt etc. as evidence of your residence.

Good Luck,
Kishor Mehta

Dhaval Dave (Querist) 13 September 2014
Thankyou sir for your reply. just wanted to know that after the demise of my father's brother are there any chances that the landlord can claim that property as the rent receipt is in his name.

Ankit Jain (Expert) 14 September 2014
you can not compel the landlord to change the name . pay the rent in time to protect your tenancy under rent control Act

Raj Kumar Makkad (Expert) 16 September 2014
Landlord can do nothing in sch situation as you all are already residing with your uncle since last 25 years. He has to change the name on the demise of your uncle.

Dhaval Dave (Querist) 23 September 2014
Dear Sir thankyou for your reply but there are cases where on demise of father he is not ready to transfer in name of son, what should be done in such case?

Kishor Mehta (Expert) 23 September 2014
Sir,

The Landlords refuse to transfer the rent receipt to the name of any person after the death of the original tenant, because he does not know the legal rights of other persons residing along with the tenant.

The other person residing along with the original tenant sometimes falsely declares himself as the sole heir and requests to transfer the rent receipt to his personal name, the Landlord is put to untold difficulties in the event of other legitimate heir appearing and demanding his/her rights in the rented premises.

Under the circumstances the best course for you would be to approach the Court and file a declaratory suit, submitting the relevant evidences of residence, and praying for the order for the issue of rent receipt in your name.

Good Luck,
Kishor Mehta