Is it mandatory to transfer rent receipt in the name of suc
(Querist) 19 August 2009
This query is : Resolved
Tenant was occupying a room in housing society. He was staying with his two daughters and a son. He expired a few years back. After the death of the tenant,one daugher is staying in that room and makes payment of rent. Society issues rent receipt in the name of the deceased (original tenant i.e. father) whenever payments are made by the daugher who is staying in the room. Now she and her brother both are claimimg tenancy right of the room.
Whether society needs to transfer rent receipt in any one of them if so then whose name.
Further, their father was a tenant of the society and not the owner of that room.
Can Society send eviction notice to the person staying in the room and take possession of the room.
(Expert) 19 August 2009
It seems that the Society is the owner of the room and deceased was just a tenant. In these circumstances, if there was an agreement on tenancy, its terms and conditions will govern the present situation. Further, society rules is also to be analysed regarding such situations.
In absence of any contrary rules, eviction notice can be issued.