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Anu (Manager)     03 December 2012

Property recd under will and tenant issue

My client received 2 flats in Mumbai from her Mom under will, which were given to her Mom by her brother.  It seems the tenants are occupying the flats since many many years. My client doesnt know anything about what the tenant terms are or if they have any agreement or not.

My client doesnt plan to vacate the tenants right away b'se ofcourse vacating them is not going to be eas. Instead can my client ask the Tenant to enter into a fresh lease agreement, increase rent as per current market trend. Any other best suggestion to handle this matter so that eventually it will be easier to vacate them. 

Is it mandatory to have a lease agreement as per the Maharashtra Rent Control Act?




 1 Replies

anshu shekhar (service)     04 December 2012

dear anu!

in this case u may ask ur client to serve a legal notice to the tenant showing that he is  the owner of the said property by way of will and tenant`s possesion will be deemed illegal which would lead further criminal as well as civil proceedings  against him subject to the condition that they shows their status as a lawful tenant by showing any lease agreement or rent agreement. 


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