Legal Question in Real Estate Law in India

As per maharashatra rent control act 2000 the Deasead tenant nephew can claimed the tenancy right as family member.The nephew is in that business since 1971.the tenant expired in 1996.The wife and children nothing to do with the said business.till date they have not claimed.The nephew is doing independandt business so far.


Asked on 10/14/13, 2:13 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Answered on 10/15/13, 11:56 pm
Fca Prashant Chavan Expert Edge LLP

16.10.2013

Dear Sir / Madam,

A nephew does not come within the definition of "family" and hence he is not entitled to tenancy rights of the deceased. Morever, the landlord has to accept the validity of the nephew's claim to the tenancy. Usually, on the demise of the husband, the tenancy is transferred by the landlord in the name of the wife who is living with her children in the tenement.

Regards,

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Answered on 10/16/13, 7:33 am


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