transfer of tenanted flat

Querist : Anonymous (Querist) 18 March 2010 This query is : Resolved
Please advice.

Mr. A is tenant who has taken a room on rent in 30s in Mumbai. Mr. A has 3 sons and 2 daughters. After the death of Mr. A ,the said tenanted room got transferred in the name of one of the son Mr. S. Now Mr. S wants to give the said room to his son Mr. S1. Whether he can transfer the said flat in favour of his son?

At present no one is staying in the said room.

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Raj Kumar Makkad (Expert) 18 March 2010
The relationship of landlord and tenant is very much clear. All the sons and unmarried daughters of A are fully entitled for the succession of tenancy created by their father and it is illegal to transfer of such tenancy by S in favour of his son as he is not exclusive tenant in the given circumstances.

niranjan (Expert) 18 March 2010
Only that family member who is staying with the tenant before and at the time of death of tenant is entitle to inherit the tenancy right and not all the heirs who are not staying with the tenant.

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