• Tenancy Right Information Required.

Hello, 

I have a query and need advice on how to proceed with my case.

My Husband died recently and he was a Parsi and I am not. We live in a rented house situated in south Mumbai and the landlord of the house is a Trust run by Parsi Trustees. My husband has 2 brothers married and they live separately since 2000 and I am living with my Husband since 2005. 
The name on the rent receipt is of my deceased husband and also the ration card has my name and my husband.

Now the landlord is threating to evict me citing that the house cannot be transferred in my name as I am not a Parsi and also claimed I was not residing with my Husband (which is not true). I have my name on the ration card marriage certificate and also have the documents to prove my claim. 

It seems my Husband’s brothers are also creating issues, claiming that parsi laws forbids non parsis to inherit anything.

What could be done in this case and what are my legal rights.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

On demise of husband you are deemed tenant 

 

2) you can request the trust in writing to transfer rent receipt in your name 

 

3) if they refuse file declaratory suit before small causes court for declaration that you are tenant of the flat 

Ajay Sethi
Advocate, Mumbai
97480 Answers
7880 Consultations

1. the landlord and the husband's brothers are not legally correct

2. regardless of the religion of the tenant, when he dies, his tenancy first devolves on the family member who is living with the tenant at the time of his demise. 

3. in case there is no such family member so living with him at the time of his demise, then only the legal heirs of the tenant can have a claim over the tenancy

4. in your case, you being the wife of the tenant, have been living with your husband and at the time of his demise, you were and are still living in the tenanted premises

5. thus your tenancy is statutorily recognised under the rent act

6. if the landlord trust files an eviction suit against you, they will miserably fail

7. the definition of tenant given under the rent act is quite clear. A family member of deceased tenant automatically gets recognition as a successor tenant of the tenanted premises upon demise of the original tenant. 

Yusuf Rampurawala
Advocate, Mumbai
7746 Answers
79 Consultations

Under Section 2 (15) (d) (ii) of Maharashtra Rent Control Act, 1999, after the death of tenant the tenancy rights are automatically transferred to his legal heir. You are the legal heir of husband and as such you are the tenant of the premises now. The law governing the rights of tenants in Maharashtra is Rent Control Act, and not religious law, Parsi, Hindu, Muslim or Christian. We are in secular India. Parsi law is not applicable to you.

Ravi Shinde
Advocate, Hyderabad
4393 Answers
42 Consultations

Almost Parsi laws and Hindu laws are similar.

However this is is a tenant landlord dispute.

Even though your husband were a Parsi by religion, he was a tenant in that house hence the landlord - tenant relationship has been established.

Therefore the wife being the legal heir acquires the tenancy rights upon the death of her husband .

You can issue a legal notice to the landlord demanding transfer of the pagdi property tenancy rights to you on the basis of the legal heir of your deceased husband after which you can approach court of law for remedy and relief. 

T Kalaiselvan
Advocate, Vellore
87679 Answers
2354 Consultations

You need to move the court for an injunction against him

Prashant Nayak
Advocate, Mumbai
32838 Answers
209 Consultations

Dear Maam,

1) As per The Maharashtra Rent Control Act, 1999, In case a tenant dies, his tenancy has to be transferred to the family member living with the tenant, or if no such member is residing, to the legal heir.

2) Therefore you have a legal right to stay in that house and get the tenancy/rent receipt transferred on your name.

3) Send legal notice to the landlord.

4) If he does not accept file suit against him.

5) The landlord and the brothers of your husband have no legal ground to evict you.

6) I have placed the section below for your reference   -  

Section 7(15)(d)- in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of this Act, any member of the tenant's family, who, -

(i) where they are let for residence, is residing, or

(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose,

with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.

Thank you

Anik Miu
Advocate, Bangalore
10376 Answers
121 Consultations

- As  per law, the legal heirs of deceased tenant having right to continue in the tenanted premise.

- Hence, after the death of your husband , you can continue in the tenanted premises legally, and there is no separated law can be imposed out of Rent control Act. 

- Further , if the landlord is trying to evict , then you can file an Injunction suit before the court for getting order in your favour. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

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