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NISHAT AFZA   05 July 2021

registration of a property

Hi Team,

I am running a shop for last 30years. The name on the monthly rental bill is of my grandmother, now she has a will to handover the shop in my name. could you please help me on how to proceed further paper wise.

Thanks


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     05 July 2021

Your GM has taken the shop on rental from a person and is also obtaining rent-paid receipts.  If she has given the shop to run your shop, after her death, you have to request the landlord to transfer the tenancy in your name.  It depends on the will and further proceedings of the Landlord, you can only request or go to court for continuing tenancy and fight in court for decades.

The query Registration of property is not relevant to your query.

M V Gupta (Advocate)     05 July 2021

Request the Land lord to transfer the tenancy to your name. This requires execution of transfrer deed and register it .Are there any other heirs of your GM apart from you? Then you have to seek consent of the othe heirs for trnsfer of tenancy to yourself.

P. Venu (Advocate)     06 July 2021

Any suggestion depends upon the provisions of the local rental laws unless of course, your grandmothers surrenders the tenancy and the landlords rent out the premises to you. The posting suggests that there are deeper issues. Please post complete facts.

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

Your grandmother is not the owner of the property hence the transfer of this shop to yor name by a Will is not legally valid or maintainable.

Hence she can give a request to the landlord to transfer the rental agreement to your name by complying with the requirements for this transfer.

No doubt this would depend on the discretion of the landlord and you cannot claim it as a right.

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