Transfer of tenancy rights
Hardik
(Querist) 29 December 2013
This query is : Resolved
Hi,
We have a house in South Mumbai which is governed under Maharashtra Rent Control Act (Pagadi System). The house was bought by my father in 1986. Unfortunately he passed away in 2004. Since then we (my other & my brother) have been staying in the same house & have been paying rent on time. The receipt is issued in favor of my father. Now the Landlord has sent a notice thereby asking us to transfer the tenancy rights which is an intention of making money. He has done the same with many others in the same building. I want to ask, is there any provision in the law wherein the tenancy rights automatically gets transferred to the legal heir (my mother in this case) without paying any consideration. Please advice, what has to be done.
ajay sethi
(Expert) 29 December 2013
who are were staying with your father in said premises? who are other legal heirs . ? inform landlord of your father death enclose death certifcate along with NOC of other legal heirs to transfer tenancy rights in favour of your mother .
send letter along with said documents by Regd Post AD . wait for his response .
Hardik
(Querist) 29 December 2013
Myself, my mom & my elder brother used to stay with my father. The landlord is already aware of my father's death & in-fact had sent his person twice in past for the transfer. If the transfer has to happen in favor of my mother, is there any need from NOC from me & my brother??
ajay sethi
(Expert) 29 December 2013
landlord will insist on NOC to transfer tenancy rights
Hardik
(Querist) 29 December 2013
Are the NOC's to be furnished on stamp papers? Also, will the landlord demand any money for the transfer?
R.K Nanda
(Expert) 29 December 2013
nothing to add more.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
For transfer of tenancy rights NOC from other legal heirs is an essential criteria, as advised, you may send the same by RPAD to the owner and then wait and watch his reactions.
Hardik
(Querist) 30 December 2013
Is the NOC to be furnished on stamp papers??
Rajendra K Goyal
(Expert) 30 December 2013
Contact local lawyer for drafting and guidance.
ajay sethi
(Expert) 30 December 2013
not necessary .
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
NOC need not be furnished in a stamp paper, it may be on a plain paper.
