on mother demise an application can be made to transfer tenancy in name of legal heirs .

5) under section 15 (d) of Mahrashtra rent act sons would be deemed tenants .

1) ask the sons to produce death certificate of deceased mother

2) make application for transfer of tenancy in name of sons

3)you can demand some consideration for transfer of tenancy rights in favour of sons

You can make a new rent agreement with her son..

If they are the tenants, property is not transferred but just he tenancy rights are transferred, if the tenant has passed away you can now enter into a fresh rent agreement with the son of the deceased lady.

Regards

Execute a fresh agreement. The first tenancy agreement lapsed the day on which the lady died and would thus have no legal sanctity beyond the date of her death. You are advised to enter into a fresh agreement.

The legal heirs of tenants cannot inherit the tenancy rights , his right has to be only for a period of one year from the date of the death of the tenant.

The word "tenancy" is not defined in the Act. In Section 5 no distinction is made between the tenancy rights in respect of a residential or a non-residential premises. But the Section makes it clear that the tenancy rights are heritable only for a specified period. Under Sub-section (1) of Section 5 the tenancy rights are heritable for a period of five years and under Sub-section (2) of Section 5 the successor acquires a right to continue in possession as a tenant only for a period of one year. In fact the word used in Sub-section (2) is, the successor shall acquire a right to continue in possession as a tenant for a limited period of one year. Strictly speaking it is not a tenancy right at all. It is a right to continue in possession as a tenant for a period of one year, 15, 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.

In your case it is not so, i.e.l, the sons are not dependent on their mother, hence they can be evicted by giving a eviction notice.

If I am supposed to transfer the property in the sons name what is the procedure and can I expect any monetary consideration ?

You are not bound by law to transfer the tenancy rights to the sons, if you are wiling to do it then you can enter into a fresh rental agreement.