Legal Question in Real Estate Law in India

In a 'pagri' system, the landlord has been talking of giving the property for redevelopment for the past 13 years now, and has done no maintainance. Building is falling to pieces, the landlords are very aged, have no children.

Q1. What happens if the landlord passes away? What are the tenants rights?

Q2. The rent receipt is in the name of grandmother. What happens if she passes away before redevelopment happens? Can she indicate in a will that the right to property should pass on her daughter-in-law legally?


Asked on 10/26/12, 2:47 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

10.11.2012

Dear Sir / Madam,

A1. The surviving legal heirs of the landlord will own the property after the landlord's demise. The tenants will continue to enjoy tenancy rights in the property.

A2. It is always advisable to officially get the rent receipt transferred from your grandmother to her son before she passes away in order to avoid any complication that the landlord may create in the transfer later on. Yes, your grandmother can make a registered Will indicating that the tenancy right in the property should pass on to her daughter-in-law after her demise.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 11/10/12, 5:58 am
Shrichand Nahar S.V.Nahar, Advocate

If owner of property dies without any legal heirs, his/her property vest in Govt.

Tenancy laws are not applicable to Govt.

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Answered on 11/19/12, 8:47 pm


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