Legal right in tenantive property
HAROON SHAIKH
(Querist) 05 June 2013
This query is : Resolved
who is the legal claimant of a tenancy
house left by my late father?
The property belong to a charitable trust
(landlord)
family history : my mother & three sisters
(all married sisters) my elder sister expired after father's death.youngest sister is staying with his famiily.myself is nextdoor neighbour to my aged mother
& looking after my mother.
SHALL I CALIM FOR THE TENANCY RIGHT OF
THE HOUSE WITHOUT OBTAINING NOC FROM
OTHER MEMBERS OF MY FAMILY?
ajay sethi
(Expert) 05 June 2013
on your father death all legal heirs would have right on tenanted property . make an application to landlord for transfer of rent receipt in name of youur mother . all children can give nOC in her favour . if you want to be recognised as tenant other legal heirs have to give their nOC in your favour .
V R SHROFF
(Expert) 05 June 2013
Advised to include your name in Ration card of your old mother residing in tenanted HOUSE.
as u r neighbour, you may show your wife as head of household after removing your name from ur RC.
Get Electricity , Water connection trf on ur name. Get Post Paid cell phone on aged mother's residence address. Get Land Line phone connection, gas etc on your name .
In short, gather evidence that you are residing with your mother in same room, so that it you can easily CLAIM FOR THE TENANCY RIGHT OF THE HOUSE.
One need to reside there and should not have similar suitable alternate residential accommodation. All your sisters do not reside thee, so cannot claim it.
If your aged mother agree, Let her apply to trust to trf the house in your name, and at that time obtain NOC, + Affidavits to support your claim.
