Legal Question in Landlord & Tenant Law in India

Hello

I am undisputed owner of a property in Maharashtra. it is inherited to me. A room of the property is rented out to a tenant by my grand father in 1940 approx. After death of the tenant the receipt of the rent is transfered to widow of the tenant by my father when he was owner. The family of tenant consist of two married son and a married daughter and unmarried daughter. The room is occupied by widow now tenant and unmarried daughter who is working in other city and stays in hostel there and comes to home only of holidays. The married members placed at their own properties. They had given their NOC to transfer rent receipt to their mother's name. I have follwoing questions

1) is it necessary to for me to transfer tenancy to the heirs of the tenant after her death. Who can claim the tenancy right - married members or unmarried member and how - by will of tenant or else.Can I refuse the same and demand occupancy saying they have their palces to reside and unmarried daughter is not permanant resident of the citi.

2) If I decide to develop the property myself - Is it necessary for me to give to the tenant the space in new construction on ownership basis. If I opt to give the like space in new construction on rent only, is it possible and can I get the rent revised as the construction will be new one.


Asked on 4/30/11, 2:19 am

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

1) As you are the owner you have the discretion whether to transfer tenancy to legal heirs or not. Moreover as per your facts no one resides with the present tenant. Will can be made of self owned / acquired property, so a tenant cannot by a Will dispose of rented property for simple reason that it is not own by him. you can claim the same on ground of bonafide requirement after tenent's demise.

2) depends on contract with tenant

Read more
Answered on 5/01/11, 9:04 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in India