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SYM   10 November 2016

Inheritance of rental property in mumbai

Hello,

 My grandfather rentted a residential property in Mumbai in 1960s. He had three sons and four daughters. After my grandfather's death, the landlord transferred the rent receipt in my father's name in 1983. He occupied the property till his death in 2013. After my father's death the current landlord transferred the rental in my mother's name. She has been paying rent and occupying the property till now. None of my uncles and aunts have lived in this property for last 25 years.

My question is - can my uncles and aunts claim succession / inheritance on the property now? In Mumbai, it is possible to sell the rented property and keep the proceeds by paying a certain percentage to the landlord. Can my uncles and aunts demand a share in the proceeds of such a sale?



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     10 November 2016

Rented property have u purchased it.?

Yes they can claim it.


(Guest)

I will reply to this thread when free :) Explain the procedure

P. Venu (Advocate)     11 November 2016

What are the terms on which the property was originally rented? What are the changes thereafter/

Kishor Mehta (CEO)     11 November 2016

Sir/Madam,

In a rented premises in Mumbai, Maharashtra  only a tenant, in whose name the rent receipt is being prepared, and his/her close relatives can reside, in your case none of the relatives, you have mentioned, can demand any residential rights. There are no inheritable rights in a rented premises.

The tenant has no right to sale a rented premises, however, the Landlord can transfer the tenancy rights to the premises with the consent of the tenant and share the legal proceeds thereof.

Good Luck,

Kishor Mehta


(Guest)

Whole matter comes under provision of The Maharashtra Rent Control Act 1999

1) Legal situation is that , Your Grandfather was tenant , then your father became tenant and now your mother became tenant. No one else have any right . Except your mother no one has right as tenant in that tenanted premises.

2) Present situation after new act is that , there is specific procedure which should be adopted before transfering tenancy  to other person. 

1) Tenant can transfer the premises to other person with only consent of owner/landlord

2) Old tenant and land lord can take charges for transfer of tenancy . How much % tenant and landlord should take this thing is silent in act

3) This tenancy transfer deed should be duly registered with registrar of sub registrar of assurance with tenant (in your case mother) , Land lord (owner) and new tenant.

4) Proper stamp duty and registration fee is required to be paid 

-----------------------------------------------------------------------------------------------------------------

1) Remaining all procedure will be illegal . Additionally there are other terms and condition but that all can not be written here like title of land who is owner etc. 

SYM   11 November 2016

Thanks for everybody's responses.


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