Transfer of commercial tenancy
tejaswinee
(Querist) 06 April 2015
This query is : Resolved
1. Can office/business place tenancy in Mumbai be transferred under a will to ones wife ?
2. If no, to whom does the tenancy pass, if the tenant in whose name rent receipt is issued, has expired and tenanted premises is used by sons A & B for respective own business at time of tenants death.
3. Of the two sons, one son A closes down business in a few years after death of father and stops using the tenanted premises and the other son B who continues with using the premises for business and payment of rent for the next many years till date(rent receipt still in name of father) and at this juncture after many years if the question of rightful tenant is to be decided, who is it ?
4. Can son A stake any claim in the office tenancy or will it rest with B to the exclusion of all others.
Many Thanks for your learned opinion on this matter.
Jayaraj Poojari
(Expert) 06 April 2015
1. Property owned by you can only be transferred under a will.
2. The details as to whom does the tenancy pass after the death of the tenant is stipulated under the lease agreement.
3 & 4: Point 2 explanation will clear the doubts.
ajay sethi
(Expert) 06 April 2015
tenancy rights cannot be bequeathed by will
Rajendra K Goyal
(Expert) 06 April 2015
1. No.
2. Particular rent agreement need to be referred.
3.& 4. If rent agreement not clear, consult loal lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 09 April 2015
The tenancy rights cannot be bequeathed by a Will by a tenant to a person of his choice. Upon his sudden death, the tenancy rights will be enjoyed by his legal heirs to a certain period within which a fresh agreement can be made between the tenants and the landlord. In your case he the conditions of the lease agreement is also to be seen.
