Legal Question in Landlord & Tenant Law in India
My mother initially began as a sub-tenant, but thereafter acquired full rights as a tenant in 1970s over a room in a building at Fort. However, from 1984, I began to reside in the said premises alone, and my mother moved out to another place in Bombay. The rent receipts and electricity bill are still in my mother's name, though i have been paying the same for the last 21 years.
What are my rights as regards the tenancy upon my mother's death?
Should I get a legal transfer of tenancy effected?
What are the rights of my brother and sister over the premises, though they moved out with my mother 21 years ago?
3 Answers from Attorneys
your brother and sister also have an equal right over the tenancy as they have not relinquished their rights as legal heirs of your mother.
upon death of your mother the landlord /owner has a discretion to transfer tenancy. As you reside in Mumbai, Maharashtra Rent Control Act applies to you and you have to apply to landlord/owner to transfer tenancy in your name.
IT IS DEPWEND UPON THE OWNER WHETHER HE TRANSFER THE TENANCY OR NOT
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