Legal Question in Landlord & Tenant Law in India

I have been living in a tenanted flat for the last 33 years. During this time, my father-in-law in whose name we still receive the rent receipt, expired in 1996. Thereafter my husband passed away in 2002. My mother in law also passed away in 2009 and my brother in law passed away in 2013. I have one brother in law who has migrated to Australia and is a citizen of Australia for the past 8 years. Me and my two sons have been living in this house and were present in this house at the time of the death of my father in law, mother in law, husband and brother in law.

The landlord is not willing to transfer the tenancy in my name. Is there anything we can do about this? Also do you advise that we file a declaratory suit for the transfer?


Asked on 5/04/14, 4:16 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.05.2014

Dear Madam,

If your father in law has left behind his Will that his tenancy rights should be transferred to your husband's name or to your name after his demise, you can rely on the Will to persuade the Landlord to transfer the tenancy in your name. You should discuss it very diplomatically with the landlord and should he insist on a transfer fee for issuing of the rent receipts in your name, you should pay it and get the receipt in your name. Don't unnecessarily antagonize the landlord because he can make life difficult for you. should there be no Will of your father in law or your mother in law, you should obtain a Succession Certificate from the Court and follow the above recommended tenancy transfer procedure.

Regards,

Read more
Answered on 5/04/14, 8:26 am


Related Questions & Answers

More Landlord & Tenants questions and answers in India