Tenancy rights of daughter

Querist : Anonymous (Querist) 30 December 2011 This query is : Resolved
There was a widow who was living in a room on tenancy basis in Thane District, Maharashtra. She had tenancy rights in her name. She had dispute with landlord on certain issue and court case is going on along with other tenants. She had only a married daughter as her child. The daughter is returned back after 3 months of her marriage in April 2009 due to dispute with her husband and filed divorce case in August 2010. After marriage daughter has not removed her name from the ration card of Mother. Before one month i.e. on 11.11.2011 Mother had died and daughter is living alone in the said room. Now landlord is insisting daughter to vacant the room as she is married and holder of tenancy right is dead. Can landlord do so? What are rights of daughter in the above property? Can daughter live in the room till she want and get the right transferred in her name legally without paying anything to landlord as their financial position is very serious?

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Devajyoti Barman (Expert) 30 December 2011
File a suit for declaration of tenancy which would give you enough time to stay in the premises without payment of rent.

Piyush Vaishnava (Expert) 30 December 2011
i agree with Mr. Barman

Rajeev Kumar (Expert) 30 December 2011
I too agree

Deepak Nair (Expert) 30 December 2011
Mr. Barman has rightly advised

Querist : Anonymous (Querist) 30 December 2011
Dear Experts,

Thanks for Reply. This is inherent loophole of Indian Law system. But I want exactly want to know the status of daughter. After few years will court order to daughter to vacant the room and hand over the possession to landlord. That's why I put that the daughter has not removed her name from the mother's ration card. Also her marital status will affect the matter.

prabhakar singh (Expert) 30 December 2011
Her marriage could have changed her status but even if there is no dispute with husband and she remains to live with mother after her marriage to look after her,the tenancy shall be deemed in law with her after her mother demise and ration card is a good proof of that fact.Hence she has a good claim and can file a suit of prohibitory injunction against the land lord against any apprehended forceful eviction.She should also seek substitution if any ejectment case by land lord is already pending against the mother.

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