Sub division of tenancy

Samarth (Querist) 04 April 2017 This query is : Resolved
Background
There is a old tenancy in Mumbai existing prior to 1975. It consisted originally as one room say 100 sq ft which has now been physically partitioned by the tenant and divided into 2 adjacent small rooms of 50 sq ft each , each having a separate access.

However, only one Rent Receipt is being provided to them since 1975.

The original tenant died in 2005, and his wife too has died in 2010, leaving behind 2 sons (staying in the premises) and 2 daughters(married) staying elsewhere.

Rent Receipt currently is in the name of the demised wife of the original tenant, i.e (Mother of the existing brothers).

The rent is paid by one of the sons in cash. Both brothers have bitter enimity between them and are not on talking terms.

One of the brothers now wants to relinquish his interest in the tenancy of one of the rooms in favour of some other tenant and go away. But he doesn’t, emphasis on DOES NOT want to give up his rights to his brother. Obviously he is expecting some money for relinquishment.
Other brother wants to continue using his own current room and continue with his tenancy.

Question
1. Is the tenancy legally divisible as such, at the discretion of the landlord? (Especially when only one Rent receipt is being issued for both the rooms)? Can the landlord divide the tenancy in say room no 1 A and 1B? So that 1A remains with the other brother and 1B is transferred?
2. Would this require a consent deed from all brothers and sisters?
3. Is it necessary to Notarize or Register the deed?
4. Does the law prohibit sub division of tenancy?
5. Is it correct to state that “single Rent receipt or Single tenancy” is only a requirement at the time of Redevelopment and has no consequence in Rent control Act?
6. Would the new tenancy agreement for Room 1B need to be registered??
7. Can Consent deed and new tenancy agreement be a single document or is it better to have them as a separate document?
Please advise. Many Thanks.

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Kishor Mehta (Expert) 04 April 2017
Sir,
Subdivision of rented premises is not permissible. The new tenancy agreement has to be stamped and registered as per the existing Maharashtra Rent Control Act.
Good luck,
Kishor Mehta