1) for transfer of tenancy rights aunt would need landlord consent . She can surrender her tenancy
2) rent receipt has to be issued by a landlord in your favour
3) rent agreement between you and landlord has to be duly stamped and registered
Transfer of tenancy rights
Hello. Im From Goa. My Aunt 58 Years Old, Unmarried, Having No Legal Hairs, Residing In Goa. Hold Tanancy Rights in Orchid/Agricultural Property. Occupant of the Said Property Died and has no legal Hairs. Since Past somany years my aunt holds poccesion of said property. Now as shes old. She wants to 'Transfer Tanancy Rights' To me but Im not her Blood Relative but I take care of her. Now Is it Possible to "Transfer Tanancy Rights" ? If Possible whats the Procedure.?
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
But Owner said Property Died. And has no Legal hairs. then from whom should She take Concent or Surrender her Tenancy? Who will Issue rent receipt in my favour.? If landlord is not there with whom should I stamped and register Rent Agreement.
Asked 7 years ago
legal heirs of Hindu fall under following categories
1) class I
2) class 2
3) Agnates
4) cognates
If Hindu does not leave behind any class 1or class 2 legal heirs oragnates or cognates then property lapses to the government
4) even if owner does not have immediate relatives his property would devolve on his distant relatives
Since landlord is not there you are relived of the dispute if the landlord later raises on future of tenancy.
Anyway get the tenancy be transferred in your name.'Then offer rent to the second class lega heri of the landlord.
If there is none then deposit rent to rent controller office.
Under Maharashtra Rent control Act, when tenant dies, any member of the tenant's family is residing with tenant at the time of his death will be entitled to the tenancy right in preference to other heirs who were not residing with the tenant at the time of his death. In absence of such member all the heirs will be entitled to the tenancy right. Therefore if your case comes under the said act, you will be entitled to the tenancy right. There is no necessity to make any legal arrangement.
If the owner of the proerty died and there is nobody to claim rent or to issue rent receipt, you may deposit the rent in the court to establish the continuance of tenancy as well as to make sure that there is no default in rental payment.