Transfer of tenancy rights landlordship property
INDIA FIRST
(Querist) 17 November 2024
This query is : Resolved
My mother passed away in 1991.the rent receipt is in her name.We,legal heirs gave him our NOC on a notarized affidavit,but he refused to transfer rent receipt and insisted on getting a succession certificate from the court.Pls advise
T. Kalaiselvan, Advocate
(Expert) 17 November 2024
Getting a succession certificate from court will be a very lengthy and cumbersome process hence you may better obtain a legal heirship certificate from revenue department and submit it which is equally valid in law.
Dr. J C Vashista
(Expert) 17 November 2024
Yes, i agree with the expert advise of Mr. T Kalaiselvan, it is better to obtain and forward legal heirship certificate from area Tehsildar / SDM.
Advocate M.Bhadra
(Expert) 17 November 2024
Tenancy rights in India are generally heritable and devolve upon the heirs of the deceased tenant. The specific rights and obligations of the heirs depend on the applicable rent control legislation and the circumstances surrounding the tenancy. Legal heirs must be recognized as joint tenants, and any disputes regarding their rights may require judicial intervention to resolve. In this case the Legal heirs certificate or Legal heirs affidavit is needed.
But Certain tenancy laws may impose restrictions on the heritability of tenancy rights. For example, under specific provisions of the Rent Control Acts in different States does not allow legal heirs as a tenant , if a tenant has sublet the premises or violated the terms of the lease, the tenancy may not devolve to the heirs.
P. Venu
(Expert) 18 November 2024
Yes, the relative rights among the legal representatives of tenants depends upon the Rent Law in force in the particular State.
For instance the definition of "Tenant" as provided under Section 7(15) of the Maharashtra Rent includes -
"(15) "tenant" means any person by whom or on whose account rent is payable for any
premises and includes,-
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(d) in relation to any premises, when the tenant dies, whether the death occurred before or
after the commencement of this Act, any member of the tenant's family, who,-
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for
any such purpose, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.
Explanation-- The provisions of this clause for transmission of tenancy shall not be
restricted to the death of the original tenant, but shall apply even on the death of any
subsequent tenant, who becomes tenant under these provisions on the death of the last
preceding tenant."
