• Transmission of tenancy from deceased father to son

Hi My father hold Tenancy Flat in Mumbai and died last Year. How much I need to pay to landlord for transmission. I have noc as well indemnity from other legal heirs which includes Mother, Sisters & Brother.
Asked 4 months ago in Property Law
Religion: Hindu

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7 Answers

How much to pay to the landlord is nowhere stated in any act 

It's a matter of negotiation 

However the transfer fee cannot be the same as applicable for transfer to a new tenant 

Even otherwise you being the legal heir of deceased tenant and having noc of other legal heirs, you would be statutorily protected under the rent act 

However the landlord will issue rent bill in the name of your late father only 

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

You need not pay any money to landlord for transmission of tenancy on your name 

 

however landlord generally demand some money for transmission of tenancy in favour of legal heir 

 

 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Atleast 33 percent

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Dear client,

 

As per tenancy law the tenancy cannot be transferable. In case father expires and son is living since his birth he can carry on and claim tenancy right being legal heir of the deceased tenant.

 

Thank you

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

Generally, upon the death of a pagdi tenant, the tenancy rights are transferred to the legal heir/s who were living in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s.

The landlord will charge transfer fee for any such transfer of  tenancy rights.

The latest  law itself is clear about it.

There is no provision in law for a fixed fee for transfer of tenancy from the original tenant to his successor.

In fact this can be transferred only if it was a pagdi system tenancy.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

- As per law, after the death of a tenant , his tenancy will be devolved upon all the legal heirs who is residing in the tenanted house. 

- Further, if you got the indemnity from other legal heirs. then inform the same to the landlord for attorn you the tenant. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

1. Typically the premium payable to Landlord ranges from 10%-20% of current market value .... however this is always negotiable with landlord.

2. NOC or Indemnity Bond is not legal enough to transfer Tenancy Right. All the residual Legal Heirs of deceased persons have to mutually & jointly execute a Registered "Release Deed" of permanent Tenancy Rights in your favor .... consequent to which release deed becomes legally final & irrefutable.

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

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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