Will as to tenanted property

Succession is a process under which rights and obligations of the dead get transmitted to the living. Succession depends upon the domicile of the deceased person at the time of his death and law of succession applicable to the deceased at the time of his death.

Succession of immovable property of the deceased is regulated by the succession laws in India, wherever the deceased was domiciled at the time of his death. But succession of movable properties in India of the deceased is regulated by the law of the country in which the deceased was domiciled at the time of his death.

If the deceased has left a valid Will, then it is a case of testate succession and otherwise it is a case of intestate succession.
Tenancy rights cannot be bequeathed under a Will, but in certain cases tenancy rights can be inherited. Property received by a Hindu on inheritance is his absolute property and can be dealt with, by him, in the manner he desires.

Hello Mr. Rama Chary,

Thanks a lot for the prompt reply first of all.

Sorry to say, but I could not get clear on my queries from your answer.

1. Did you mean that 'though the tenancy rights cannot be willed, they will be automatically transferred in the name of legal heirs of the deceased as per the law of succession?'

2. If it is so, is this provision also applicable in respect of Commercial Premise (i.e. Shop)? It is situated in Mumbai, Maharashtra.

3. I came to know that, in respect of Residential Property, the tenancy rights will be transferred to the Legal Heirs as per the Law of Succession, only if such legal heir was also residing in such premise at the time of death of original tenant. Is there any provision on the similar grounds in case of Commercial Premise also? (E.g. continuation of the same business in the said premise by the :egal Heirs, etc.)

4. Will it be legally binding on the owner to transfer the tenancy rights in the name of Legal Heirs of the deceased in absence of any will deed?

Please reply. Thank you in anticipation.

For a definite answer you have to go through the tenency agreement first, see whether the tenency is made in the name of individual person or for having a commercial office runed by other partners. It all depends on the nature of tenency agreement.