Legal Question in Landlord & Tenant Law in India

Dear Sir,

My grandfather had bought a house in Mumbai, India under pagdi system in early 1930s. Her daughter (my father's sister) inherited the premises after the demise of my grandfather.

Since both my parents are dead, I have been staying with my father�s sister since the year 1974 until the time of her death in 2007.

The landlord was accepting rent from her & issuing rent receipts in her name till the time of her death.

Although I am still staying there, the landlord is refusing to accept rent from me ever since her death in 2007 & is also refusing to transfer tenancy rights in my name.

My father's sister has left a Will in my name wherein she has appointed me as a sole legal heir to her property (she was a spinster & does not have any relations alive except me).

Also I have the electricity bill, gas connection, ration card, voters ID of the said premises in my name, apart from the Will made by my father's sister.

Please advise whether this is sufficient for me to be recognized as a lawful tenant.

Can he throw me out of the house or initiate legal proceedings to evict me from the flat ?

By the way, I also have bought one small flat (1BHK) in Mumbai suburbs which I had bought on ownership basis in 1993 with a bank loan which has since been fully repaid by me. My wife & my son are currently residing there.

Ever since my father�s sister expired, the landlord has been refusing to accept rent from me. Thereafter I was left with no option & on 01 January 2011, I have issued him a cheque for the total rent amount due from April 2007 till March 2011 & dispatched the same through Registered AD. As expected, he has not deposited the said cheque in his bank till date. Also he has not issued me the acknowledgement of having received the said cheque.

Please advise whether I can force the landlord to transfer tenancy rights in my name on the basis of the fact that I am residing in the said premises since 1973 & am still staying there.

Please also advise that if the landlord chooses to file an eviction notice against me, where do I stand legally.

Please help !!!!!


Asked on 5/02/11, 2:58 am

1 Answer from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Will can be made of self owned property and not of tenanted property. Transfering tenancy depends on sole discretion of landlord and you can only request landlord to transfer tenancy rights.

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Answered on 5/02/11, 10:33 pm


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