Tenancy rights
Pritesh
(Querist) 21 May 2012
This query is : Resolved
In a given case where a hindu Widow (original Tenant) has 3 childrens as A, B and C.
Such that:
A being hindu married daughter & eldest child
B being hindu married Son (Child no.2)
C being youngest daughter married to mushlim (Child no. 3)
Where the widow dies, leaving behind the Tenanted premise in the name of B, the only son who took care of his widow mother through out her life time. Can C claim any rights in the tenanted premise under Hindu law or any other Law.
What is the Legal status of C, will she be considered as HINDU (as she is Hindu by birth) or will she be considered as MUSHLIM (as she is Mushlim by virtue of her marriage)
Kindly guide me!!!!!!!!!
Adv.R.P.Chugh
(Expert) 22 May 2012
Dear Querist,
First of all it is important to know the state to which this pertains because that governs how the statutory tenancy devolves, and presuming this to be a residential accomodation and situated say in Delhi. The tenancy won't go by will (but always by ordinary rules of succession to legal heirs) but by rules of succession laid down in DRC itself - it would in the first instance go to children who were ordinarily living with the deceased tenant who inherit tenancy, but if such child is financially independant - he would get the premises for a limited period of 1 year after which the right ends not just for him but all other legal heirs.
The fact that one child is Muslim does not disinherit the child because Caste Disabilites Removal Act, removes disability on account of change of religion.
If the premises is not covered by a rent control legislation for any reason then tenancy would go to legal heirs in equal respects.
Feel free to talk !
Pritesh
(Querist) 22 May 2012
Dear Sir
Thanks Sir for your prompt reply.
I wish to put in more facts as required by you.
The tenanted premise is at Mumbai and is therefore governed by Maharashtra Rent Contol Act.
Further the premise is Residential Accommodation.
The tenancy rights has been specifically given to B on Rs. 100 stamp paper in front of two witness.
Rent receipt comes in the name of B.
Therefore in the given case, is it still possible for C, to claim rights in the tenancy premise despite there being specific devolution of said rights in the favor of B where the same is acknowledged by the testamentary document.
Feel free to ask for any other facts if required.
