• Whether grandmother can confer tenancy on grandson thru NOC

I own a flat in a cooperative society in Mumbai Ghatkopar which has been leased out since 1961.
The Grandmother who is the original tenant has requested me to change the receipt to her Grandson as she has moved out of Mumbai due to medical reasons .Further her same Grandson has been paying the maintenance charges for 15 years or so and staying in the same flat .Please advise if this is permissible .
Also wether it will be advisable to ask the Grandmother for an indemnity bond indemnifying me from any other heirs or claimants ,claims .
Also please advise wether these docs should be notarised and registered and wether these can be done from Gujrat where she has migrated .Please not the flat is in Ghatkopar Mumbai .
Asked 12 months ago in Property Law
Religion: Hindu

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18 Answers

You can transfer tenancy in name of grand son on basis of NOC from grand mother 

 

2) ask her to execute an affidavit for transfer of tenancy 

 

3) take indemnity bond from her to indemnify you in case of third party claims 

 

4) these documents can be executed in Gujarat 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

If he stays with her them yes it can be conferred 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

  1. Well there are two ways to go about it and both are equally safe viz a) you and your tenant  (the grandmom) can terminate your lease agreement by entering into an agreement to terminate it. You can subsequently lease your flat to the grandson or b) the tenant (grandmother) can sublet the flat to grandson provided there's no clause in your lease agreement where you have forbidden such subletting. 
  2. Option a) is a bit time consuming so b)  would be better provided your agreement is actually a lease and not a license agreement. Licensee is not legally entitled to sublet. So you can go ahead with b) if it's lease and not license and you have not expressly forbidden the leasee to sublet. 
  3. I'm based in Mumbai / NaviMumbai just as you are, so you are welcome to visit me for further consultation if required. 
  4. ९८२०८९७८८४. (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

Grandmother, tenant asked the  owner to change rent receipts in the name of her grandson. Such transfer can take place in favour of her legal heirs under Maharashtra Rent Control Act, 1999 after demise of original tenant. The tenant cannot transfer tenancy rights to legal heirs while he/is alive. Tenancy rights are not transferable, they are only inheritable. She needs to surrender the tenancy and after that landlord can let the premises to her legal heirs or to any one he wants.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

- After taking the NOC from the grandmother , you can enter into an agreement with the grandson , 

- Further , it is safe to ask to take indemnity bound from her. 

- These documents can be  notarized , as the registration is not mandatory for indemnity bond., and it should  be from Gujrat.  

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

If the tenant is not residing in the rented premises  for a very long time, even though her extended relatives are residing there during her continuous absence, then the owner can demand the tenant to vacate the premises and deliver vacant possession.

The tenant is alive hence there is no question of inheritance too.

She cannot legally demand to transfer the tenancy rights to her grandchild.

The owner is not obliged to accede to request, the owner can refuse and issue a legal notice demanding her to vacate the premises immediately.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

i want to know whether this flat is let on tenancy basis [under the rent control act] or on leave and license basis?

if its a tenancy then legal heirs of the tenant can claim upon the demise of the tenant 

if its a leave and license then the license is personal only to the licensee and not his heirs after his death 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

No two lawyers will give same advice 

I doubt whether rent control act applies as the flat is in a society. The society is the owner of the land and building including the flats and the member owner is entitled to occupy the flat by virtue of his subscribing to the society's membership 

This is a case of leave and license which has been continued for a very long time 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

The Maharashtra Rent Control Act entitles the tenant to receive consideration as a condition of the relinquishment, transfer or assignment of tenancy of his/her tenanted premises, provided there is no prohibition imposed by the landlord.

 

2) The Act also entitles the landlord to receive any fine, premium or other like sum or deposit or any consideration in respect of the grant, or for giving his/her consent to the transfer of tenancy.

 

3) in respect of the charges to be given to the landlord for such a transfer, the Act does not prescribe any share or percentage of the consideration to be given by the tenant to the landlord.

 

 

4)during her lifetime grand mother can approach landlord for transfer of tenancy rights of flat . He may call upon grand mother to surrender her tenancy and enter into agreement with grand son  For tenancy of flat .

 

5) grand mother can execute indemnity bond and affidavit 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

This is a public forum for rendering  legal opinion by different expert lawyers.

If you find different opinions from different lawyers, you may choose the one which may suit your circumstance instead of questioning the veracity of any particular lawyer's opinion.

As per law, the opinion that the tenancy rights cannot be transferred is perfect and proper.

Though the tenancy rights are inheritable, it can be inherited only by the legal heirs, in fact whichever legal heir had been residing with the tenant at the time of death of the tenant only shall be entitled to inherit the tenancy rights, if you deeper into it you will find the there will have many obstruction on your way to get the property transferred to your name from your grandmother.

Thus it is suggested that on an amicable note, let your grandmother talk to the landlord, surrender her tenancy and request the landlord to transfer the same to your name afresh.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

It’s not transferable unless arrangements with landlord 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

affidavit has to be executed on Rs 100 stamp paper 

 

2) indemnity bond on RS 500 stamp paper 

 

3) agreement for tenancy is required to be stamped and registered

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

as you have made up your mind that the flat was let on tenancy basis under the rent act, then nothing can be done. you would know better 

a triparty tenancy agreement will have to be made and registered in which the GM will be the outgoing tenant and GS will be the incoming tenant. by this document you will be transferring the tenancy in favour of the GS with the consent of the GM against whatever is the settlement terms arrived at to compensate the GM for surrendering her tenancy right and handing over possession to the GS

the stamp duty on the above agreement will be 6% on 90% of the RR value of the flat

for granting ownership rights to the grandson, you will have to make a deed of conveyance of reversionary interest which will have to be stamped (6% on the RR value of the flat) and registered 

in order to save stamp duty being paid twice over for the above two transactions, you can proceed as follows - 

take a surrender affidavit from the existing tenant. this requires only notary. no registration

then make a deed of transfer in favour of grandson to transfer ownership rights in the flat. this document will attract 6% on the rr value of the flat or agreement value whichever is higher

as no reply was given by you to my first reply to your question, i cannot give any further details 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

The fresh rental agreement entered between the landlord and the tenant  shall have to be executed by a registered deed, which will attract the applicable stamp duty and registration charges as per ready reckon-er rates. 

It depends  because the grandson shall be considered as a new tenant hence the eligibility for redevelopment benefits has to be checked as per the rules for redevelopment.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Note the provision of law. “Maharashtra Rent Control Act, 1999: Section 7 (15) "tenant" means any person by whom or on whose account rent is payable for any premises and includes,- (a) (d) in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of this Act, any member of the tenant's family, who,- (i) where they are let for residence, is residing.” This is the only way by which tenancy devolved on legal heir.  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

A tenant cannot transfer tenancy intver vivos. He is not a landlord. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear client,  

Under the Maharashtra Rent Control Act, 1999, the tenancy rights are inheritable but not transferable during the lifetime of the tenant. Hence, the transfer of the receipt in favour of the grandson during the lifetime of the grandmother would not be legally permissible. However, as the grandson has been paying the maintenance charges for 15 years and staying in the same flat, he could claim tenancy rights over the flat after the demise of the grandmother.

In such a scenario, the grandmother can execute an indemnity bond in your favour to indemnify you against any claims by other legal heirs or claimants of the flat. The indemnity bond should be registered and notarized to make it legally binding. The execution of the indemnity bond can be done from Gujarat where the grandmother has migrated.

Once the grandmother surrenders the tenancy, you can then execute a fresh lease agreement in favour of the grandson or any other person of your choice. It is advisable to consult a local lawyer in Mumbai who specializes in property law to ensure that all the legal formalities are complied with.

 

 

 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

It can be done through putting the name in the papers as tenant through deed of assignment 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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