Bequeathing of tenancy rights
Querist :
Anonymous
(Querist) 27 January 2010
This query is : Resolved
My father and Maternal Grandfather were partner in a business which was run in a rented place of which the rent receipt was in mat. grandfathers name. Before his death mat. gr.father took retirement from the business by making retirment deed and gave the tenency rights to my mother mentioning only after his death to take effect. Now my Mat. Step Grandmother says that she has a will which says that "After Mat. Gr. Father's death within 3 months my mother should vacate the residential premises then only the tenancy rights of the said Workplace be transfered in her name, if she does not vacate then, after six months the Workplace should be transfered in my Mat. Step Uncles Name (My Mama) Please Note : (we stay with my nanaji, my father was a Ghar Jawai). This will was made in 1999, Grandfather died in 2002, but the will was not shown to my mother, so she would have known about the 3 months clause. What legal standing do we have. We have come to know that the will is not probated yet.
Raj Kumar Makkad
(Expert) 27 January 2010
Your quarry has already been replied in detail.
Querist :
Anonymous
(Querist) 28 January 2010
Thank you, Mr. Raj Kumar Makkad for your prompt reply.
Sir, our matter is in court since our workplace is in BMC (Municipality) Industrial Estate. The licence department had given us notice that out licence will be revoked if we do not produce Rent Receipt in our name. After all our previous correspondence with the BMC after grandfathers death, not once have they (BMC) replied saying she (my mom) is not a legal party to talk to, also they are not entitled to write to us. BMC says that it doesnot come under Rent Act. therefore the married daughter has not right to tenency by holding, it doesnot matter she is in rightful possession of the Workplace or not. The Rent till last October was paid by us, but since last three months BMC has started taking Rent from my Step Mat. Grandmother saying that she is the legal heir. Sir we are very afraid because every now and then the BMC officials meet and throw tantrums at us saying we will vacate you. I and my father are both dependent on this workplace. We have no other source of income. One more point i missed out earlier - The retirement deed which my Grandfather made was not registered, coz it was like a family matter and we had surrended one part of the workplace to my nani. Nanaji had two Galas No. 1 & No. 12. Please help. Sorry if i'm annoying you by writing so much.
Guest
(Expert) 30 January 2010
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