I own a flat in a cooperative society in Mumbai Ghatkopar which has been leased out since 1961. The Grandmother who is the original tenant has requested me to change the receipt to her Grandson as she has moved out of Mumbai due to medical reasons .Further her same Grandson has been paying the maintenance charges for 15 years or so and staying in the same flat .Please advise if this is permissible . Also wether it will be advisable to ask the Grandmother for an indemnity bond indemnifying me from any other heirs or claimants ,claims . Also please advise wether these docs should be notarised and registered and wether these can be done from Gujrat where she has migrated .Please not the flat is in Ghatkopar Mumbai .
You can transfer tenancy in name of grand son on basis of NOC from grand mother
2) ask her to execute an affidavit for transfer of tenancy
3) take indemnity bond from her to indemnify you in case of third party claims
4) these documents can be executed in Gujarat
If he stays with her them yes it can be conferred
Grandmother, tenant asked the owner to change rent receipts in the name of her grandson. Such transfer can take place in favour of her legal heirs under Maharashtra Rent Control Act, 1999 after demise of original tenant. The tenant cannot transfer tenancy rights to legal heirs while he/is alive. Tenancy rights are not transferable, they are only inheritable. She needs to surrender the tenancy and after that landlord can let the premises to her legal heirs or to any one he wants.
- After taking the NOC from the grandmother , you can enter into an agreement with the grandson ,
- Further , it is safe to ask to take indemnity bound from her.
- These documents can be notarized , as the registration is not mandatory for indemnity bond., and it should be from Gujrat.
If the tenant is not residing in the rented premises for a very long time, even though her extended relatives are residing there during her continuous absence, then the owner can demand the tenant to vacate the premises and deliver vacant possession.
The tenant is alive hence there is no question of inheritance too.
She cannot legally demand to transfer the tenancy rights to her grandchild.
The owner is not obliged to accede to request, the owner can refuse and issue a legal notice demanding her to vacate the premises immediately.
i want to know whether this flat is let on tenancy basis [under the rent control act] or on leave and license basis?
if its a tenancy then legal heirs of the tenant can claim upon the demise of the tenant
if its a leave and license then the license is personal only to the licensee and not his heirs after his death
Dear Mr. Ajay - Whilst you have advised clearly on the procedure by executing affidavit and indemnity bond ; There is differing advise from other advocates eg Mr Ravi Shinde has advised under Kaanoon advise online : “Grandmother, tenant asked the owner to change rent receipts in the name of her grandson. Such transfer can take place in favour of her legal heirs under Maharashtra Rent Control Act, 1999 after demise of original tenant. The tenant cannot transfer tenancy rights to legal heirs while he/is alive. Tenancy rights are not transferable, they are only inheritable. She needs to surrender the tenancy and after that landlord can let the premises to her legal heirs or to any other person” He says in Maharashtra under rent control act 1999,rights are inheritable after death and not transferable .Further he states that first she has to surrender the tenancy to me and then I can transfer to whomsoever I wish . Sir , In light of above observation , what would your final advice be to me . Sincerely, Owner of flat
No two lawyers will give same advice
I doubt whether rent control act applies as the flat is in a society. The society is the owner of the land and building including the flats and the member owner is entitled to occupy the flat by virtue of his subscribing to the society's membership
This is a case of leave and license which has been continued for a very long time
The Maharashtra Rent Control Act entitles the tenant to receive consideration as a condition of the relinquishment, transfer or assignment of tenancy of his/her tenanted premises, provided there is no prohibition imposed by the landlord.
2) The Act also entitles the landlord to receive any fine, premium or other like sum or deposit or any consideration in respect of the grant, or for giving his/her consent to the transfer of tenancy.
3) in respect of the charges to be given to the landlord for such a transfer, the Act does not prescribe any share or percentage of the consideration to be given by the tenant to the landlord.
4)during her lifetime grand mother can approach landlord for transfer of tenancy rights of flat . He may call upon grand mother to surrender her tenancy and enter into agreement with grand son For tenancy of flat .
5) grand mother can execute indemnity bond and affidavit
This is a public forum for rendering legal opinion by different expert lawyers.
If you find different opinions from different lawyers, you may choose the one which may suit your circumstance instead of questioning the veracity of any particular lawyer's opinion.
As per law, the opinion that the tenancy rights cannot be transferred is perfect and proper.
Though the tenancy rights are inheritable, it can be inherited only by the legal heirs, in fact whichever legal heir had been residing with the tenant at the time of death of the tenant only shall be entitled to inherit the tenancy rights, if you deeper into it you will find the there will have many obstruction on your way to get the property transferred to your name from your grandmother.
Thus it is suggested that on an amicable note, let your grandmother talk to the landlord, surrender her tenancy and request the landlord to transfer the same to your name afresh.
It’s not transferable unless arrangements with landlord
MANY THANKS TO ALL ERUDITE ADVOCATES FOR A CRYSTAL CLEAR ASSESSMENT AND COUNSEL ON MY CASE OF CONFERNMENT OF TENANCY ON GRANDSON. Thanks for your great help in getting me clarity on my issue of conferment of tenant rights to Grandson by asking Grandma to surrender her tenancy first and then entering into a fresh tenancy with Grandson , after execution of necessary affidavits and indemnity bond by grandma . THE ONLY QUESTION REMAINS WETHER THIS PROCESS WILL REQUIRE ANY MANDATORY SETTLEMENT AMOUNTS AS PER MAHA RENT ACT 1999 ,AND WETHER ANY STAMP DUTY AND REGISTRATION WOULD BE REQUIRED TO BE DONE . LASTLY AS OUR SOCIETY IS UNDERGOING REDEVELOPMENT CAN I SETTLE WITH GRANDSON FOR TRANSFER OF TENANCY INTO OWNERSHIP AFTER ABOVE PROCESS OR CAN I COMBINE BOTH PROCESSES . OFCOURSE THIS PROCESS OF SETTLEMENT WOULD BE REGISTERED AS PER PROCEDURE . PLEASE ADVISE .
affidavit has to be executed on Rs 100 stamp paper
2) indemnity bond on RS 500 stamp paper
3) agreement for tenancy is required to be stamped and registered
as you have made up your mind that the flat was let on tenancy basis under the rent act, then nothing can be done. you would know better
a triparty tenancy agreement will have to be made and registered in which the GM will be the outgoing tenant and GS will be the incoming tenant. by this document you will be transferring the tenancy in favour of the GS with the consent of the GM against whatever is the settlement terms arrived at to compensate the GM for surrendering her tenancy right and handing over possession to the GS
the stamp duty on the above agreement will be 6% on 90% of the RR value of the flat
for granting ownership rights to the grandson, you will have to make a deed of conveyance of reversionary interest which will have to be stamped (6% on the RR value of the flat) and registered
in order to save stamp duty being paid twice over for the above two transactions, you can proceed as follows -
take a surrender affidavit from the existing tenant. this requires only notary. no registration
then make a deed of transfer in favour of grandson to transfer ownership rights in the flat. this document will attract 6% on the rr value of the flat or agreement value whichever is higher
as no reply was given by you to my first reply to your question, i cannot give any further details
The fresh rental agreement entered between the landlord and the tenant shall have to be executed by a registered deed, which will attract the applicable stamp duty and registration charges as per ready reckon-er rates.
It depends because the grandson shall be considered as a new tenant hence the eligibility for redevelopment benefits has to be checked as per the rules for redevelopment.
Note the provision of law. “Maharashtra Rent Control Act, 1999: Section 7 (15) "tenant" means any person by whom or on whose account rent is payable for any premises and includes,- (a) (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.” This is the only way by which tenancy devolved on legal heir.
A tenant cannot transfer tenancy intver vivos. He is not a landlord.
Dear client,
Under the Maharashtra Rent Control Act, 1999, the tenancy rights are inheritable but not transferable during the lifetime of the tenant. Hence, the transfer of the receipt in favour of the grandson during the lifetime of the grandmother would not be legally permissible. However, as the grandson has been paying the maintenance charges for 15 years and staying in the same flat, he could claim tenancy rights over the flat after the demise of the grandmother.
In such a scenario, the grandmother can execute an indemnity bond in your favour to indemnify you against any claims by other legal heirs or claimants of the flat. The indemnity bond should be registered and notarized to make it legally binding. The execution of the indemnity bond can be done from Gujarat where the grandmother has migrated.
Once the grandmother surrenders the tenancy, you can then execute a fresh lease agreement in favour of the grandson or any other person of your choice. It is advisable to consult a local lawyer in Mumbai who specializes in property law to ensure that all the legal formalities are complied with.
It can be done through putting the name in the papers as tenant through deed of assignment