Legal Question in Landlord & Tenant Law in India

Transfer of tenancy in case of death

My parents have been living in a rented flat(pagdee system) since 1970. The rent receipt is in my fathers name . In case of demise of tenant can landlord evict spouse and other family members?

My father,mother,me &my 2 brothers staying there since 1970.Now only my parents stay there.

Is there any way by which the landlord can be made to transfer the flat to any of the heirs of the tenant?

Can tenant make a will and leave the flat to any of his children?


Asked on 6/12/08, 5:52 am

2 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Transfer of tenancy in case of death

will can be made on the owned things not rentd. the rented property can be transferred to heirs but it may depend on agreement also

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Answered on 6/13/08, 5:00 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Transfer of tenancy in case of death

Tenant can't make a will as a will can be made only by the owner of self acquired property by him. As per the facts above if tenant and his wife are residing in the rented flat and he is a regular rent payer then after the demise of tenant the owner is required to transfer the tenancy in name of tenant's wife.In case of legal heirs as they are not presently residing in the flat it is the wish and will and discretion of the owner/landlord to transfer the flat to legal heirs of tenant or not.

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Answered on 6/12/08, 8:39 am


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