You need to file a writ petition in HC for speedy remedy all other remedies will take time
Builder and landlord not paying rent after taking residence property for redevelopment
I Mrs. Nasim Yaseen senior citizen of India was Residing at ‘ Sitaram Bldg, DR. DN. Road Crawford market Mumbai-400001, I say that I was the residence of above mention premises for the last more than 20 years I say that the above property was name of my husband late Mr. Mohammed Yasin expired on 3rd November 2015 I say that after the death of my husband, I request the landlord to transfer the tenancy in my name but the landlord does not transfer the tenancy instead demand me the outstanding tenancy rent of last 10 years, I have paid the tenancy rent till March 2018 to Landlord from my Bank Account. And the receipt is still in my husband name The Landlord also harassed me sending legal notices for the vacancy of premises for redevelopment without making an agreement and without paying me the rent for new accommodation or providing me the alternate accommodation the Landlord took the possession of my premises on 15th June 2017 for redevelopment without agreement. And after taking the possession he is not paying me the rent for the last 22 months and harassing me to sign the agreement as per his Terms & condition. I am in urgent need a House for my Two Married Sons & Their family thus after repeated request to the Landlord for Rent he is not paying and harassing me on the basis for my married daughter baseless allegation against share in above mention premises. And Telling Me to Obtain Succession certificate from The court in My name. Thus after Death of Husband, I am a legal heir, thus there is no need for succession certificate. Thus his malafide intention is to my Grab My above mention property. I am a senior citizen kindly help me
Asked 6 years ago in Property Law
Religion: Muslim
12 Answers
you can claim compensation for delay possession from your builder by issuing a legal notice and if they have failed to do the same, you have to approach consumer forum for the same.
You have to file a declaratory suit in small causes court
Till the new flat is completed and allotted, the relationship of landlord tenant will subsist
So only the small causes court can try your case
What are terms and conditions of agreement
2) you should not have vacated premises without pennant alternative accommodation agreement being signed by landlord
3) on husband demise you , your sons residing in said premises woukd be deemed tenants
4) you can issue legal notice to landlord to pay you rentals and sign alternative accommodation agreement
thanx for reply i just want an answer for the question is succession certificate is required if there is transfer from husband to wife tenancy property if the husband is expired and wife is the legal heir and the 2 sons had given in writing to the landlord for transfer of tenancy in mother name without married daughter concern married daughter has sent a letter to landlord not transfer in mother name without her concern or noc there for the landlord is demanding succession certificate in mother name from the court then the only landlord will give rent and make the agreement the married daughter is not staying with mother and she is staying with her husband and at the time of father death she was also not residing with father tenancy room nor she have any document related to the father tenant room and she is also not the residence of the tenant room in the name of father if you can give me your email id I will send you the legal notice from the landlord for succession certificate if we file the suit in court the mother can receive the outstanding rent and present rent from landlord how many time it will take to receive the rent from the court after filing suit in which section we should file the suit and in which court for speedy recovery of rent i hope you understand
Asked 6 years ago
You don’t need succession certificate for tenancy rights
2) you must engage a local lawyer and reply to legal notice
3) you have to file suit in civil court to claim arrears of rent
4) however even married daughter can claim share
Dear Madam
let us first understand how tenancy rights devolve when original tenant dies
under the rent act, when the tenant dies, all the family members who were living with him in tenanted premises at the time of his death, automatically become joint tenants
if there are family members who were staying with the tenant, then his legal heirs will be excluded
therefore first preference is given to the family members and only if there was no family member, then the tenancy right goes to the legal heirs
in your case, your husband was original tenant. When he died in the tenanted premises, the family members living with him were you and your sons
it appears that your daughter had already shifted to her matrimonial house on her marriage
thus even though your daughter is a legal heir, she is totally excluded from claiming any tenancy rights, since there were family members [i.e. you and your sons] who were living with the tenant in the tenanted premises at time of his demise
so the only people who are entitled to claim tenancy rights are you and your sons
since your sons have already given their NOC, only you are entitled for tenancy rights
the married daughter has no right and the landlord should not have refused to transfer tenancy just because she sent him an objection letter
if the daughter claims that she has any tenancy right then she has to take steps by filing a declaratory suit. She has not taken any steps to assert her right
so nothing stops the landlord from transferring the tenancy to your name on strength of the NOCs given by your sons
the concept of succession certificate does not apply to tenancy as there is a special procedure given in rent act itself for succession matters
succession certificate is required for ownership properties [more correctly it is not even succession certificate, as that is for movable property. For immovable property - letters of administration or LA is needed. But since here tenancy rights are involved, no LA is required]
as the landlord has refused to transfer the tenancy to your name and is not paying you rent for alternate premises, you will have to file a declaratory suit in small causes court to declare you as a tenant
then you will have to take out an interim application for urgent reliefs of directing the landlord to pay your rent with the arrears and interest
in your declaratory suit you have to make your daughter a party defendant. Obviously she will object but she will not be able to succeed to resist your application for interim reliefs as she has no right in the first place under rent act to claim any tenancy rights
small causes court is extremely slow. But unfortunately it is only there where you need to file the case. The interim application would be helpful to atleast get the rent and arrears of rent
Generally it is not required but the person who doesn't know seek succession Certificate for everything. The writ petition will also award for rent in its directions. Suit will take a lot of time and money
Succession certificate is not required for transfer of tenancy, Required all legal heirs consent.
Apropos your request in the remark section, you can get my contact details from the Kanoon platform by calling at their customer care. You can book a phone consultation
The tenancy rights in the pagdi system property especially if it is going for redevelopment, shall devolve in all the legal heirs of the deceased tenant.
Therefore you may obtrain a legal heirship certificate containing all the names of the legal heirs of yor deceased husband and obtain NOC from other legal heirs in your favor and apply for transfer of rights to your name to the landlord, which he has to oblige without any issue thereon.
Since the married daughter is also a legal heir or successor to the deceased to succeed all his estates, her NOC is also essential for this transfer.
The landlord will not take risk by transferring the property to the wife's name alone by getting NOC from sons while the daughter objects to this.
He will not be wiling to face court of law in this regard if there arises a dispute.
Thus instead of agitating over the legal issue better comply with the requirement as is necessary in this situation so that you can avail all the benefits which are due to you without much problem.
- As per the information mentioned in the present query, makes it clear that there is no need of succession certificate as the same is been used for different purpose altogether.
- Transferring of tenancy right to mother doesn’t make any sense if daughter having been claiming any right as the property is a rented property but not the acquired property by the father.
- Transfer of tenancy right is limited to those who are residing there in the property.
- If you file a suit for recovery of rent then it may take almost one year to come to an conclusion, but some temporary amount may be paid if judges gets convinced.
