Legal Question in Real Estate Law in India
Under Section 7(15) of the Maharashtra Rent Control Act, upon the death of a tenant, the tenancy passes on to the person residing with him in that premises at the time of his death. However, in our case, the named tenant "X", who was the mother, moved to another place, and only one of her three children, "Y", continued to reside in that tenancy premises. Now, "X' has died, and in her Will, has stated that the premises be divided among all three children. Doesn't "Y" get the tenancy right in such a case? Isn't her Will ineffective, as the Rent Control Act decides the devolution of tenancy?
Kindly share your views. Thank you!
2 Answers from Attorneys
26.05.2013
Dear Sir / Madam,
Since the tenancy rights were in the name of your mother and she has willed that the tenancy rights sales proceeds be divided amongst all three children, your mother's Will prevails.
Regards,
Tenant can not transfer / transmit tenancy by Will.
Transmission of Tenancy govern by the concerned Rent Act.
Related Questions & Answers
-
Does a release deed gives a cause of action to file the suit for partition? Asked 5/25/13, 12:57 am in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
