Tenant Propery

Janhavi Mantri (Querist) 16 September 2010 This query is : Resolved
My Mama was a tenant in a building. He has two daughters (both married) and one son. He also has a sister who remained unmarried. Before my Mama the flat was in the name of my grandfather.

After Mama's death, the trustees have transfered the flat to his son's name (still unmarried) as a tenant without obtaining consent from the other legal heirs.

I want to ask all the experts if this transfer is valid? The other legal heirs can still claim the share?

Regards,

Janhavi

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s.subramanian (Expert) 16 September 2010
No it is not valid. You can challenge it by claiming your share.

Raj Kumar Makkad (Expert) 16 September 2010
The tenancy is not transferable in favour of married daughters so the transfer in favour of sole son is valid and justified and no one can challange this legally taken action on the part of trust.

Devajyoti Barman (Expert) 16 September 2010
On the death of the original tenant, the tenancy devolves upon all the legal heirs of the original tenant.
However, if the tenancy is under west bengal act, then after 5 years the landlord can do so.

Khaleel Ahmed Mohammed (Expert) 22 September 2010
Nothing has wrong done by the trustees.

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