Sir,we r three brothers staying separately in andheri area,our mother now widow staying in tenanted flat which is in her name,amongst three middle brother is staying with mother with his family,now my mother is worried who 'll get tenancy right after her death,her wish is it should go to the son staying with her and taking care ,but other brother although staying separately has interest what my mother should do to happen as per her wish. Thanks
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Mother cannot bequeath tenancy rights by will
2) on her demise son staying with her can apply for transfer of tenancy rights on his name
3) the landlord would insist on NOC of other legal heirs before transfer of tenancy rights in son name
4) best option is for mother to apply to landlord for transfer of tenancy rights to son during her lifetime
Legally, the tenancy rights are not heritable.
In the Act the tenancy is heritable for a limited period subject to the legal representatives satisfying the condition.
The right can be only for a period of one year from the date of the death of the tenant.
The right of every successor, to continue in possession of the premises shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs.Sub-section (1) of Section 5 defines who are the persons who are entitled to inherit this tenancy right. They are called as "successors". More important is all the successors named in Sub-section (1) of Section 5 do not inherit the tenancy rights simultaneously. They inherit the tenancy rights only in the order in which it is mentioned in the said sub-section. In other words one successor excludes the other successor. If the successor is a spouse of the deceased tenant, all other successors of the deceased tenant mentioned in the said Sub-section stands excluded in preference to the spouse of the deceased tenant But, even that successor to inherit this tenancy right should satisfy certain legal requirements. One such legal requirement is the said successor should ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family up to the date of his death, Second legal requirement is the said successor should be dependant on the deceased tenant. Therefore, for a tenancy to devolve on a successor under Sub-section (1) of Section 5 for a period of five years, such a successor firstly should be ordinarily living as a member of the family up to the date of his death and secondly be dependant on the deceased tenant, The second proviso to Sub-section (1) of Section 5 makes it clear under what circumstances the aforesaid tenancy right shall not devolve upon a successor. Even if a successor satisfies the aforesaid dual legal requirement, if such a successor is owning or occupying a premises in the local area in relation to the premises let, then the tenancy right shall not devolve upon such successor. In those circumstances what should happen is provided in Sub-section (2) of Section 5. Such a successor would not inherit any right of tenancy, but such a successor shall acquire a right to continue in possession as a tenant for a limited period of one year from the date of death of the tenancy. However, on the expiry of that period or on his death whichever is earlier the right of such successor to continue in possession of the premises shall become extinguished.
Thanks,if mother goes for transfer,can any of the brothers have right to stop the transfer,any legal process is required or landlord can just do it or he/she can have any process to follow or right to reject or delay
mother should apply to landlord to transfer tenancy rights in son name
2) since rent receipts are in mother name and she is recognised as tenant by landlord consent of your brothers is not required
3) landlord may demand some consideration for transfer of tenancy rights in your name
Your mother can get the tenancy transferred to her name if the landlord agrees to do it on her name.
She do not have to obtain NOC from her children.
She will be doing so in her individual capacity and not on the basis of legal heir of the deceased tenant.