Transfer of tenancy

Farhan (Querist) 15 March 2014 This query is : Resolved
My dads cousin sister around 70 years old unmarried no children, who stays in a tenanted flat from more than 40 years, alone which she inherited from her mother, she wants to will it to her cousins kids that is us.
Her fathers relatives are also alive but she does not want to include them in her will. As they have not given her share which she was bound to get after her fathers death.

Instead she wants to will her flat to us, that is her mama's kids. What's the best way to do the transfer, is it better to do it now or after her death. Does she needs to make a registered will, get the landlord to do anything. Right now she's paying the landlord money for the rent every month. I'm totally clueless. Please advice

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ajay sethi (Expert) 15 March 2014
tenancy rights cannot be bequeathed by will .

Rajendra K Goyal (Expert) 16 March 2014
Agree with the expert ajay sethi ji.

Farhan (Querist) 16 March 2014
can it be gifted in her life?

ajay sethi (Expert) 16 March 2014
Tenancy rights can neither be gifted nor willed nor transferred by the tenant.

Tenancy rights are only transferable upon the death of the tenant on record. Firstly, in the name of his/her spouse, or alternatively, in the names of a living parent or child who was continuously living with him/her for a period of at least six months before he/she died.

The claim for the transfer of such a tenancy has to be lodged by the successor tenant within a period of one year of the death of the earlier tenant

Guest (Expert) 16 March 2014
Well advised.

T. Kalaiselvan, Advocate (Expert) 16 March 2014
Well advised by Mr. Ajay Seth, I agree with him.

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