Transfer/relinquishment of tenancy right
Swaty Gupta
(Querist) 26 March 2014
This query is : Resolved
Sir,
i am a tenant of a commercial shop in delhi. the tenancy is ancestral. in the 1/4th portion of our share, we are 3 tenants- myself , mother and sister. now my mother and sister want to transfer their tenanacy right to me. kindly tell me what is the procedure for it? will it include some cost also?
Swaty Gupta
(Querist) 29 March 2014
what is a deed of assignment? any format? is t different from gift deed?
R.V.RAO
(Expert) 30 March 2014
YES DEED OF ASSIGNMENT BY MOTHER AND SISTER IN FAVOR OF THE QUERIEST-- ASSIGNING THEIR SHARE OF PROPERTY TO HIM/HIS LEGAL HEIRS IS THE RIGHT SOLUTION.
A model deed is given below, so as to discuss with your advocate and follow his guidance
DEED OF ASSIGNMENT
THIS DEED OF ASSIGNMENT made this 1st day of April 2014 between _ (Assignor’s names.......S/O,D/O,W/O,...... and addresses _, at....... address.... ....,city..._ _state.., India hereinafter referred to as the ASSIGNORS of the one part;(assignors include his legal heirs also).
AND
.............. hereinafter referred to as the ASSIGNEE(s) (Name.......s/o,D/O, W/O.....and address.. of the other part.
(assignees include their legal heirs also.)
WHEREAS, the ABOVE Assignors have entered into an assignment deed with the ABOVE ASSIGNEE THAT THE TENANCY rights of me/ours representing ... . .....share of the commercial property at.... ................ (address...D.no ....street no....city.....state....) be and is here by transferred in favor of the assignee irrevocably with immediate effect out of my/our natural love and affection being blood relatives, and without any future recourse.
This deed of assignment is given by assignors out of free will and choice, unconditionally and without any force /influence of any body on the assignors.
AND WHEREAS, it is further agreed by and between the ASSIGNEE and the ASSIGNOR(s) that the assignor(s) here by assign their right to sue or right to take any future legal action and also their right to seek any specific performance accrued at any time in future( in connection with the above said property share in any manner including protection of the said property share) in favor of the assignee.
During the subsistence of this deed of ASSIGNMENT,the ASSIGNEE /his legal heirs shall be the absolute and exclusive property OWNER(s) of the Above said share of property without any recourse to assignors/their legal heirs. .
NOW THIS DEED OF ASSIGNMENT WITNESSETH and it is hereby agreed TO by and between the parties above as follows:
the sole and absolute owner of the above said property share is the ASSIGNEEOR HIS LEGAL HEIRS and it shall be lawful on his part / or on part of his legal heirs to deal with the above said property share in any manner whatsoever as the ASSIGNEE/ his legal heirs may deem fit.
IN WITNESS WHEREOF, the ASSIGNEE and the ASSIGNOR have superscribed their respective hands to this DEED OF ASSIGNMENT in ..........(CITY NAME)......on ........the .....day,..... month and .....year first above written.
SIGNED AND DELIVERED BY THE
ABOVE SAID ASSIGNOR
SIGNED AND DELIVERED BY THE
ABOVE SAID ASSIGNEE
WITNESSES:
1.
2.
T. Kalaiselvan, Advocate
(Expert) 28 March 2014
