Can a daughter purchase her fathers tenanted property directly from her father
KETAN J SHAH
(Querist) 29 December 2014
This query is : Resolved
Sir,
I am a landlord of a property in Mumbai. One of my tenants is staying in my property since last 45 years. He has two married daughters who are not living in Mumbai. Now due to age the tenant wants to shift to younger daughters place and purchase a house there and live. He approached me to surrender the tenancy rights to me. A sum was agreed and the premises were to be vacated. Now I have come to know that the elder daughter wants to pay the sum to her father directly and then get the name changed from me without paying me anything.
I want to know that whether the daughter can purchase the fathers property directly from her father. secondly can this be termed as sub-letting.What should be my action if this kind of transaction takes place. Will I be compelled to change the name from tenant to his daughter.
Please advice.
Thanking you in advance.
Devajyoti Barman
(Expert) 29 December 2014
Without the consent of yours in writing the tenancy can not be transferred.
Even if he does so, do not issue rent receipt in the name of daughter and if you wish you can file suit for eviction against her.
ajay sethi
(Expert) 29 December 2014
your consent is must for transfer of tenancy . dont issue rent receipts in favour of daughter . issue legal notice for eviction
Rajendra K Goyal
(Expert) 29 December 2014
As a land lord your consent to change the name of tenant is required. Do not issue receipt in another name.
T. Kalaiselvan, Advocate
(Expert) 30 December 2014
During the life time of the original tenant, his legal heirs cannot claim tenancy rights by inheritance. If the tenant wants to transfer the rights in favor of his daughter,the landlord has to give his consent.
malipeddi jaggarao
(Expert) 30 December 2014
No room to add further. Experts have given the required guidance.
Kishor Mehta
(Expert) 06 January 2015
Sir,
The tenancy rights in Maharashtra are statutory rights and can neither be transferred or bequeathed.
The option to transfer the tenancy rights stays with the landlord and he can not be forced to transfer the tenancy rights against his wishes.
The daughter can come and reside with her father during his lifetime but can not demand the transfer of tenancy rights to her name.
Only a Court of Law can decide the transfer of tenancy of a premises in a RAD suit for declaration.
Good Luck,
Kishor Mehta
