1) If her name appears as legal heirs on title paper and for mutation is taking time still she has inherited rights and she can send notice to all other legal heirs and tenant that whatsoever is her wish to extend or not the lease agreement.

your mother should inform the tenants that she does not want to rent the proeprty on expiry of agreement  

2) consent of all co owners is necessary to rent a proeprty 

3) apply to society for transfer of flat in name of legal heirs . 

1. consent of all co-owners is essential before the property can be rented

2. if your mother has inherited the property and has an undivided share then she becomes a co-owner automatically and it does not matter that her name is not yet mutated in society records

3. she can address a letter to society and tenant informing about the above

4. also it is advisable to obtain letters of administration for the properties of the deceased and then have your mother' name entered in society records

5. for safety she can also issue a public notice in local newspapers announcing that she is a co-owner of property and has a legal share in it and no one should deal with it without her consent 

6. a legal notice can also be issued to her siblings not to rent the property without her consent. Mark this letter to society and tenant as well

1. As per the information mentioned in the present query, makes it clear that the property is in joint ownership.
2. Yes, the consent of both the co-owners are necessary for getting the rent agreement extended.
3. I believe the prior agreement does not contain your mother’s name as she have inherited recently.
4. I advice you to get the successsion certificate from the court of Civil law.
5. And then If needed, you may have to file suit for injunction from getting it rented.

Yes to give property on rent all the co-owners jointly need to sign the rent agreement and give possession to tenant.

A legal notice to co-owners , society and current tenants can be given.

Mutation doesn't make difference as she is rightful owner of the property , then also it is better to get it transferred and get mutation done.

your mother should inform BMC / autjority not to transfer licence and photo pass without her consent 

2) apply for Slum Photo Pass Certificate in Maharashtra provided by the Slum Rehabilitation Authority Department.

Without consent of your mother other heirs can not  enter into rental agreement. Incase if they enter into agreement you mother can file complaint u/s [deleted] of IPC. 

1) Property title is different thing and running the shop is different thing if its rented shop also one can avail shop license from BMC under Bombay shop act.

2) If you want to prohibit the shop from selling without your mother permission other legal heirs can't sell the shop or rent it. 

3) One can avail stay from Mumbai High Court regarding this and submit in the land revenue department so it will display on your property survey number or shop number in every registrar office in the Mumbai.

See instead of notices engage an advocate and get the shops  transferred and mutated in the record of BMC on name of all legal heirs by way of application that would be more cost effective.

Further yes a notice can be given.  The department under which the shop is alloted shall trasnfer same.

1)you can  find licence number from local ward office 

2)make inquires with SRA regarding issue of photo pass 

1. if your mother inducted the tenant then she alone can send the notice seeking termiantion of thr agreement finally.

2 if the tenant still does not quit the premies she can send the notice for eviction and then file a suit for eviction as well.

3. In these acts there is no requirement for other co sharers of the proeprty to join or to give their consent.

Sir it can be addressed to the CEO and then marked CC to Secretary and Deputy Collector.

You can search the license number by getting a certified copy of the license from the BMC.

1) You can address it to Secretary and Deputy Collector.

2) Yes, you can find local license number from local ward office section in BMC, Check this with license issuing authority.

1.  Since property is unpartitioned, the consent of all the co-owners need to be taken to lease /rent out the property. It is does not matter if mutation of title-ownership is not done (BUT must be done immediately)

2.  Mother must give legal notice to Tenants to vacate on expiry date for vacant possession.

Keep Smiling .... Hemant Agarwal

Should she also notify the tenants that she does not intend to rent the property once their current agreement expire?


Is the consent of all co-owners compulsory to rent a property which can't be physically partitioned?

The consent of all the co-owners is essential to enter into a rental agreement or lease agreement, or else the dissenting owner may obtain a stay on this agreement from a court competent.

I would also like to inform that my mother's name is not yet mentioned in the sale deed as she inherited this property recently and mutation of the property is yet to take place, does this make any difference?

If your mother is a co-sharer in this propetry, then she is vested with all the rights in the property to the extent of her share in the property.

My mother also inherited a govt licensed shop in Mumbai and a BMC shop as well, such that the photo pass and the license of the shops are still registered on her deceased mother's name.


Should she sent notices to the BMC and the authority responsible for transferring the photo pass that the photo pass and license should not be transferred and the shops should not sold/rented without the consent of my mother?

Also, which govt body has the authority to transfer a photo pass in Mumbai?


She can get the property transferred to her name by giving an application to the revenue department for mutation of property.
She can apply for transfer of licence before the Municipal authorities for getting the name transferred to her name with regard to the license and the photo pass etc.
Once the property is officially transferred to her name then there is no question of any alienation or encumbrance in respect of this property to a third person without her consent

If I send a notice to the Slum rehabilitation authority in Mumbai , to whom should the notice be addressed to?


The CEO , Secretary or Deputy Collector of SRA.

You can simply send it to the S R A without mentioning any designation, it will be through to the concerned department from where you can get the thihgs done in your favor.

Also, the licence no of the BMC shop is not known to us , is it possible to find it from the local ward ?

Yes, you can get it from the local ward office also.