Legal Question in Landlord & Tenant Law in India

I have been living in this tenanted house since my marriage in 1981. My father in law is the original tenant. After his death the landlord continued to issue rent in his name. Thereafter my mother in law and my husband has also expired. My brother in law who is mentally unsound also stay in this house. Another brother has migrated to Australia after his retirement in 2004. He has not lived in this house. I have received guardianship of the mentally unsound brother in law. The landlord has asked me for NOC from legal heirs of the original tenant. Under the circumstances, please can you confirm 1) if I can sign on behalf of my mentally unsound brother in law 2) do I need to take an NOC from by migrated brother in law as he was not staying in this house at the time of death of his father, or his mother?

As per the law am I not supposed to take the NOC for transfer of rent receipt in my name from those residing in the said tenanted premises only?


Asked on 3/26/11, 1:46 am

1 Answer from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

1) Yes

2)Yes in order to avoid future complication/claim it is advisable to take noc.

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Answered on 7/24/11, 6:45 am


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