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Deepak Chitnis (Chief Compliance Officer)     27 August 2021

Tenancy right in the residential property (rented) mumbai

Background:

A person staying in rented premises in mumbai for over60 years and paying rent  regularly to landlord  His son and daughter were staying with him till age of 25. Son and daughter are married and they do not stay in the premises. The rent receipt is in his name. 

Question: 

1) Can children claim right of residence in the premises after the death of father?

2) Can the tenancy right be transferred to son or daughter with the premission of landlord, by mutual consent or by executing gift deed?( can tenancy right be gifted)

3) Will it make a difference is one of them is Foreign national or NRI. 

4) Will it matter if both son and daughter are not staying in the premises for last 20 years or more?

5) What will be the situation if The father is staying in another premises  owned by him due to old age (86) 

6) Does it fall within the purview of Bombay rent Act? or other law

 

Your valued inputs will  be appreciated 

CA Deepak 



Learning

 1 Replies

Advocate Bhartesh goyal (advocate)     27 August 2021

( 1 ) No
( 2 ) Tenancy rights can be transferred with landlord's consent but tenancy rights can not be gifted.
( 3 ) yes
( 4 ) yes,it matters,children if not residing with parents ( tenant ) not entitled to reside after death of parents ( tenant )
( 5 ) landlord will be entitled to get possession of property on ground of non user.
( 6 ) yes,Bombay Rent Control Act shall aply.

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