Who is the tenancy legal heir?
newnimproved
(Querist) 15 March 2013
This query is : Resolved
Dear Advisors, Tenant A with his wife B , daughter C, daughter D and son E were residing in rented flat and getting rent receipts in the name of tenant A since the year 1965 from the landlord. In 1987 and 1994, daughters C and D got married and moved out of the property in question. One is living abroad and another daughter is living in another city. Since 1993 son E is paying the rent. In the year 2010, tenant A died due to natural causes and son E continued to pay rent for February 2010 and got continued to get rent receipts from the landlord in the name of deceased tenant A.
At the time of death only wife B and son E were living with Tenant A and in possession. Also only wife B and son E were living at the flat in question since 1965. Others moved out in 1987 and 1994.
Who are the tenancy legal heirs of Tenant A under Bombay Rent Act, Hindu Law or any other law?
a) Wife B and son E?
or
b) Wife B, daughter C, daughter D and son E?
Thank you.
Pradeep MK
(Expert) 15 March 2013
As per Maharashtra Rent Control Act 1999 'E" is tenant as the landlord has accepted the rent from "E" during the life time of "A".(Here it is presumed the rent receipt is in the name of "E").
Further as per Maharashtra Rent Control Act 1999 Section 7(15) read with Section 7(4) wife "B" alongwith son "E" can be construed as tenant and it depend entirely on the landlord.
prabhakar singh
(Expert) 17 March 2013
a) Wife B and son E are the tenant after death of A would be the right answer.
E was paying rent but RECEIPTS WERE GETTING ISSUED IN A's NAME says the querist:"son E continued to pay rent for February 2010 and got continued to get rent receipts from the landlord in the name of deceased tenant A".
If E is to be taken as tenant because of payment and acceptance of rent in the life time of A then where is the query and where is the question of statutory devolution of tenancy.
