• Name transfer

My father was the tenant of a premises in Mumbai that was used as a dispensary since the year 1972 . I started assisting him from the year 1975. Post that there was a change of landlord sometime in the mid 80s. The new landlord issued rent receipts in my fathers name and was collecting rent till the year 1996 . Post that he has not been collecting rent from any of the tenants of the building. I have attempted to inform him verbally as well as by way of sending letter by registered post to collect rent from us but to no avail. I wish to get the rent receipt transferred in my name , and my siblings/their legal heirs are willing to issue an NOC to that effect. In case the landlord does not relent , kindly advise me regarding the steps I should take .
Asked 5 months ago in Property Law
Religion: Hindu

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13 Answers

Send letter to landlord by speed post to transfer rent receipts in your name . Enclose copy of NOC of other legal heirs and death certificate of your deceased father 

 

2) on father demise you are deemed tenant 

 

 

3) if no reply is received file suit in small cause court for declaration that you are tenant of the rented premises 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

 Under Section 7  (15) (d) of Maharashtra Rent Control Act, 1999 when a tenant dies any member of his family, who—

  • Where the premises for residence, is residing, or
  • Where the premises is let for business, trade or storage is suing the premises for any such purpose,

becomes tenant of the premises.

You need to issue the landlord  notice enclosing death certificate  and proof of your relation with deceased  tenant seeking transfer of tenancy to you. If the landlord  fails to do so, you can approach the Court of Small Causes, which  is competent authority for deciding tenancy disputes in Mumbai.  Rent Control will issue direction to landlord  to transfer tenancy rights in you favor.

Ravi Shinde
Advocate, Hyderabad
2311 Answers
37 Consultations

5.0 on 5.0

- As per law, after the demise of your father , the tenancy will be devolved upon all the legal heirs.

- Further, as per Maharashtra Rent control Act, the legal heir who is residing in the tenanted premises is considered as tenant.

-  You can send a legal notice to the legal heirs of the owner to attorn you /siblings as the legal tenant. 

- If no response, then file a declaration suit and a petition for deposing the rent before the Court. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

NOC is sufficient for transfer of tenancy rights in your favour 

 

2) other legal heirs can execute affidavit on stamp paper that they have no objection for transfer of tenancy rights 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

A mere NOC from your siblings will not serve the purpose. They have to execute and register a deed of relinquishment (properly drafted), releasing their respective shares in your favour.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

- Only NOC by way of an Affidavit is sufficient for giving consent 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

If your father is not alive then you can initiate legal steps to get the rental receipts transferred to your name based on the evidences that you have been living with your father all along in the said property and the NOC from other siblings would be a supporting document.

You may first issue a legal notice to the landlord on this, if he fails to respond then you may approach court with a petition to permit you to deposit the monthly rental amount before the court on the basis of the legal heir of your deceased father inheriting the tenancy rights. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

If your father is not alive then you can initiate legal steps to get the rental receipts transferred to your name based on the evidences that you have been living with your father all along in the said property and the NOC from other siblings would be a supporting document.

You may first issue a legal notice to the landlord on this, if he fails to respond then you may approach court with a petition to permit you to deposit the monthly rental amount before the court on the basis of the legal heir of your deceased father inheriting the tenancy rights. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Since this is a rented premise, there is no provision in law to obtain a relinquishment deed  from the siblings to inherit the tenancy rights  from your deceased father.

The NOC duly notarized by a local notary public would suffice the requirement 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

1. Tenancy Rights may be transferred in your name, with mutual consent signatures on a Registered "Release Deed", with relevant strategic clauses. IF landlord refuses, THEN the same will have to be enforced thru a Declaration Suit in the local Civil Court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can get it transferered through landlord by paying him premium

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

1. you are a statutory protected tenant 

2. since you were doing the business in the premises with your father, the tenancy right devolves on you

3. however still you can take a noc affidavit from your siblings stating that they have no claim over the tenancy 

4.the noc affidavit has to be notorised and does not require any registration

5. tender the rent to the landlord by sending money orders. if the money order is returned never mind. you only have to create a record that you were prompt in the rent payment but it was the landlord who for some unknown reasons would not accept the rent

6. the landlord cannot evict you without any valid legal ground 

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

Dear client, 

The NOC (no objection certificate) only certifies that the person who is giving and signing the NOC does not have any objection if the concerned property is being transferred to any other person. It is better if you also get a relinquishment deed from them, which will have to be registered. 

Thank you. 

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

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