Legal Question in Landlord & Tenant Law in India

Inheriting a rented property

My widowed mother lives in a rented flat (orginally occupied by my later paternal grandparents & late father since 1935). Will I as the only child automatically inherit the house after my mother's demise ? Is there anything I can do to safeguard my interest? The rent receipt is in my mother's name but I pay the rent by cheque.


Asked on 6/08/07, 5:27 am

5 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Inheriting a rented property

if possible get the receipts in your name.

better still get the rent agreement in your name.

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Answered on 6/08/07, 6:55 am
Nandita Haldipur Haldipur Associates

Re: Inheriting a rented property

as rent laws vary from state to state it is necessary to know to which state you belong before advice can be given

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Answered on 6/08/07, 8:47 am

Re: Inheriting a rented property

Payment of rent by you does not mean that you have become tenant.If you are dependent upon your mother for residence then you are entitled to inherit tenancy.However, it depends upon the tenancy Act applicable in your state.The said proposition is based on general principle of law which may differ if the tenancy Act of your state speaks otherwise.

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Answered on 6/08/07, 11:58 am
Prabhat Shroff Shroff & Company

Re: Inheriting a rented property

A reply to you query will depend on the location of the rented property, since rent laws are different for each state.

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Answered on 6/12/07, 3:01 am
Vivek Mapara Mapara Law Firm

Re: Inheriting a rented property

It is required to be know from which state you are, becuase to advise you rent law of your state has to be seen.

But normally a residential premises continues to be inherted by person who is dependent and have blood ties with the main tenant.

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Answered on 6/08/07, 6:31 am


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