Legal heir
SUPRIYA
(Querist) 08 April 2013
This query is : Resolved
Dear Sir,
My father had a rented room in Mumbai Maharashtra, My father has died in year 1995 and mother died in year 2012. The room is in name of my father. We are seven legal heirs four Sisters and three brothers. At present one of my elder brother is staying in that room. Now in that building tenants is forming a society and planning for redevelopment. My elder brother who is staying in that room wants to transfer the room in his name. Some Advocate advised him to obtain no objection from other two brother and automatically the name will be transferred to elder brother. We all daughters are not willing to sign and give our noc for transferring in my elder brother name. Kindly advised it is possible that room will be transferred in elder brother name. Kindly note that my father and mother has not made any will.how many legal heirs consent is required for this procedure? If one or two legal heirs are not willing to give consent?
Please advise.
Supriya
prabhakar singh
(Expert) 08 April 2013
A tenancy can not be passed on by will.
It devolves by law.
All sons and unmarried daughters or daughters who were living with father have right to live in.
ajay sethi
(Expert) 08 April 2013
landlord wont accept your brother as tenant unless other legal heirs give their consent . send letter to landlord not to transfer rent receipt in name of your brother
SUPRIYA
(Querist) 08 April 2013
Dear sir
Thanks a lot.
supriya
Devajyoti Barman
(Expert) 08 April 2013
Yes without induction the brother can not be treated as tenant.
Raj Kumar Makkad
(Expert) 08 April 2013
Where is the matter of tenancy involved in the given case?
The room was owned by the father of the querist which was given on rent and now the brother of the querist is residing therein who wants the room to be transferred in his name as an owner.
I fail to understand, how the experts have treated this as a matter of transfer of tenancy instead of ownership?
all legal heirs of your parents means you all brothers and sisters have equal share in that property and without signature of you sisters, your elder brother cannot get the ownership transferred in his name.
prabhakar singh
(Expert) 08 April 2013
APANI APANI DHOL AUR
APANA APNA RAAG
prabhakar singh
(Expert) 08 April 2013
Dada!
He commented even seeing querist post of thanks"Dear sir
Thanks a lot.
supriya"
he could not think querist would have explained if experts labored wrong about the fact.
That is why i passed on a cool comment"APANI APANI DHOL AUR
APANA APNA RAAG" so that i may not become victim of his anger.
SUPRIYA
(Querist) 09 April 2013
My father was a tenant,( He has not given room on rent)we all children are married .
Thanks
Supriya
