Tenancy rights

ketan shah (Querist) 26 May 2021 This query is : Resolved
Respected Sirs,
U am the Landlord of a building in Ghatkopar East Mumbai. I have a property which is given on Rent to a Tenant. (It is NOT on leave and License and Not Lease. ) The Tenant is paying Rs.1264 per month for a 400 sq ft flat which includes Rent Property tax water and electric charges

The Tenant is 86 years old and his wife is 82 and at present she is in a very bad state of health. The Tenant also is suffering from Heart ailment, and has very bad asthama. The doctors are not hopeful of their survival specially the wife . And they have NO children.
In this case what is the legal right of the relatives of the couple who are not staying with them. There is only one sister and her husband in the family and they are staying in Vapi having a Mango farm with a big farm house and they also do not have any children.Can they claim the tenancy right or the flat possession comes to the Landlord. As the Tenancy is prior to the Rent control Act 1999 there is No Tenancy Rent agreement.
Your valuable advice would be helpful .Thanking you in advance.

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This discussion addresses whether relatives can claim tenancy rights for a rented property in Ghatkopar East, Mumbai, after the elderly tenants pass away. The tenants have no children, and their closest relatives are a sister and her husband living elsewhere. Legal experts weigh in on the Maharashtra Rent Control Act, suggesting that tenancy rights typically pass to family members residing with the tenant at the time of death. In this specific case, as the tenants lack direct heirs residing in the property, the landlord may be able to reclaim possession.

Advocate Bhartesh goyal (Expert) 26 May 2021
Tenancy rights devolve to legal heirs of tenant who resides or carries business in rented promised with tenant at the time of his death.No other person is entitled to claim tenancy rights.Here tenant have no children and their relatives or married sister residing in vapi can not legally claim tenancy rights .

T. Kalaiselvan, Advocate (Expert) 27 May 2021
If these old couple do not have any children, particularly living in the rented premises, nobody from outside can claim tenancy rights after their demise.
Since the old couple are not survived by their legal heirs, including his sister (who is not a class I legal heir), the landlord can retrieve possession of the property after the demise of the old couple.

P. Venu (Expert) 27 May 2021
An unequivocal suggestion evades the issue in view of the provisions Section 7(15) of the Maharashtra Rent Control Act -

"7. Definitions.
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(15) "tenant" means any person by whom or on whose account rent is payable for any
premises and includes,-

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(d) in relation to any premises, when the tenant dies, whether the death occurred before or
after the commencement of this Act, any member of the tenant's family, who,-

(i) where they are let for residence, is residing, or

(ii) where they are let for education, business, trade or storage, is using the premises for
any such purpose,

with the tenant at the time of his death, or, in the absence of such member, any heir of the
deceased tenant, as may be decided, in the absence of agreement, by the court.

Explanation-- The provisions of this clause for transmission of tenancy shall not be
restricted to the death of the original tenant, but shall apply even on the death of any
subsequent tenant, who becomes tenant under these provisions on the death of the last
preceding tenant. "

It has been held by the Bombay High Court in Jaysen Jayant Rele And Ors. vs Shantaram Ganpat Gujar And Ors. that t the word “family” of the deceased tenant did not part with the ordinary meaning of the word “family” as held in common parlance, and included family as consisting of father, mother, sons, daughters and all such blood relations and other relations arising from lawful marriages.

As such, the sister of the tenant could, in my understanding, stake claim.

Dr J C Vashista (Expert) 28 May 2021
Maharashtra Rent Control apply to the demised premises.
Well analysed, opined and advised by experts.
If you want more clarifications it would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding

ashok kumar singh (Expert) 30 May 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

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