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Sidharth   17 July 2017

Transfer of tenancy rights

Dear Expert, My father has a Tenancy in a Closed Stilt Parking (~110 sft) in South Mumbai since more than 40 years. So it is a non-residential premise. The Landlord of this property is not the Housing Society but a third party who has died more than 20 yrs back. The landlord does not have a legal heir since the matter is subjudice due to multiple wives / heirs which is not yet settled. My father would like to legally transfer / sell / assign this tenancy right to another person and ensure there is no future hassle or requirement at our end. I have read that under some latest changes in Maharashtra Rent Control Act, tenancy rights can be easily transferred without landlord consent? Do I need the landlord consent? If not, can I sell / assign the tenancy rights to some other person? What is the difference between Selling / Assigning the tenancy rights? Is there a cap on the consideration from selling or assigning the tenancy rights? Please suggest the legal and hassle free way to transfer the Tenancy rights soon? Best Regards Sid sidfire@gmail.com



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 2 Replies

Siddharth Srivastava (Advocate)     17 July 2017

A tenant is alway a tenant and your father has no right to sell the property.

Sidharth   17 July 2017

Thanks for input. While I understand he cannot sell the property, I wanted to knw if he can sell his tenancy rights in the prop.

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