Legal Question in Civil Rights Law in India

In pagdi system. My grandfather being the orginal tenant. he is expired in 1989.
My self and my mother(mentally unfit) residing in the above primises. my brother does not residing with us he has seprate flat since more then 17 years
till date i have paid the rent but still rent receipt is stand of my grandfather name
by repeatedly saying issue the rent receipt on our joint name i.e (mother and my name ) but the land lord is not issuing the rent receipt. saying your brother has
a objection
Now i have two quetion.
1. Can my brother objection is valid?
what should i do?
2. if in case i have given premises for sublet can landloard sue us.
beside that we are not yet his tenant.

Asked on 9/13/13, 11:40 pm

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require permission of landlord for subletting, if permission of subletting is not in agreement

Answered on 9/13/13, 11:50 pm

Fca Prashant Chavan Expert Edge LLP

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14.09.2013

Dear Sir / Madam,

Your grandfather ought to have left a Will, stating the name of the beneficiary in whose name the tenancy rights have to be transferred to.

1. In the absence of a Will, your brother's objection is valid.

2. Yes. If tenancy rights do not permit sub-letting; so the landlord can sue you for doing it.

3. Since you admit you are not the tenant, the landlord can evict you on the ground of "illegal trespass".

Regards,

Answered on 9/14/13, 12:19 am

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