Legal Question in Landlord & Tenant Law in India

I am the landlord of a property in Girgaum, Mumbai. One tenement is let on rent for several years now to a tenant & receipt is in the name of the tenant. The tenant expired 4 years ago & the widow continues to live in the said tenement. I have refused to transfer the rent receipt in the name of the widow & continue to issue the rent receipt in the name of the expired tenant. As the widow has has 2 married daughters, I have insisted that she obtain NOC from her daughters to enable me to transfer the rent receipt from her husband to the widow. I have done this as I fear that there may be legal repercussions from the daughters if I transfer the receipt in the name of the widow. Is my stand correct or is the widow automatically eligible to receive the rent receipt in her name?


Asked on 7/11/14, 2:32 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

11.07.2014

Dear Sir / Madam,

On the demise of the tenant, the spouse is entitled to have the rent receipt in her name since the tenancy vests in her name thereafter. There is no need for any NOC from the married daughters for transfer of the tenancy in the name of the spouse.

Regards,

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Answered on 7/11/14, 7:53 am


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