My father is staying in a rental flat the rent receipt of which is in my grandfather's name.
I am noting the sequence of events as below:
1. My grandfather started staying on rent in the said flat since 1969 along with my grandmother and his four sons.The rent receipt was issued in his name.
2. In 1978 My grandfather with his wife and three sons shifted to another place and my father continued to stay in this flat.My father continued to pay rent to landlord who accepted it but the rent receipt was in my grandfather's name.
3. In 1990 the landlord issued notice to my father to evict the premises saying he is a subletee.He was not willing to transfer the rent receipt in my father's name.
4. My father got decision in his favour in lower court. The landlord filed appeal which also recently came in favour of my father.
5. My grandfather has recently expired.My father was the only heir staying in the said rental premises during that time ( he has been staying since 1977 till date).His other brothers are settled elsewhere
6. Now the landlord wants to redevelop the property and is seeking settlement. Following are my questions:
1. whether my father can ask landlord to transfer tenency in his name?Also is it a deemed right (as he was the only heir staying in said flat at the time of my grandfather's death) or will he have to do some legal work to transfer tenency in his name? also in case tenency gets transffered will the rent increase?
2. If pt 1 is not possible and my father opts for settlement of leaving the house on getting some monetary compensation from landlord without transfer of tenency does he have to share the proceeds with his brothers?
since the property is going for revelopment what should be the best option in case he has above both options.
thanks and regards
audi