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Haresh jamnu (GM)     14 June 2010

Rights of old tenant

My friend's father occupied a one bedroom house, soon after migrating from Karachi in 1947.  There was no agreement with the landlord and they have been staying there ever since.  My friend's father died in 1974 and the reciept for rent was transferred to his wife's name.  She is now in fail health and asked me what are her rights as regards that house.  Can she sell it by giving some amount to the landlord.  Can she include it in her will.  She wants money to move closer to her daughter's house in view of her current health condition.

 

Please advise



Learning

 2 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     14 June 2010

Legally you can not demand any money from landlord, but if somebody is willing to take it you can share the amount with landlord by negotiation. Normally it is 25 % for landlord and 75% for tanent.  BUT NO FIX RULE.  However the tanent can even will the tanency if the landlord does not agree.

Bobby Mani T (Lawyer)     20 July 2010

Any how you have to negotiate with the landlord and he only can sign the document (Sale deed) because in the revenue records his name will be shown as the owner.  let me know what the landlord says in this regard.


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