On mother demise you and your sister are deemed tenants
2) request trust to transfer tenancy in your and sister name
3) tenancy agreement can be executed between landlord and tenant .it should be duly stamped and registered
Document for transfer of tenancy to family member staying with tenant at her time of death in Mumbai
We 2 sisters stay in a Parsi trust building since 1970. My mother in whose name the Trust currently issues a receipt died 5 years ago. Both have been staying with her at and since time of her death. There has been no tenancy agreement executed for this tenancy. What are the documents to be executed and the stamp duty and registration requirements? The landlord is insisting on executing a tenancy agreement. Is this necessary?
Asked 1 year ago in Property Law
Religion: Other
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6 Answers
There is no need for any tenancy agreement
As per rent act and the definition of tenant in it, the tenancy right has devolved jointly on you and your sister after demise of your mother who was the original contractual tenant (section 7(15)(d))
There is one more provision in the rent act which mandates the landlord to issue rent receipt in favor of the person who was living with the tenant at the time of his demise in the tenanted premises without charging any fee or money
So under the law the landlord is obligated to issue rent receipt in the joint names of you and your sister without insisting for any transfer fee or making of any fresh tenancy agreement
You and your sister have become protected statutory tenants
In the absence of written rental agreement, it can be considered as oral agreement.
If you want to continue the tenancy after the death of original tenant, as a legal heir you may be permitted to continue tenancy by landlord but on the conditions he may impose.
You can comply the condition by executing a fresh rental agreement with the landlord on the terms thereon.
This process will defend your future interests also.
- As per law, upon the death of a tenant, the tenancy rights are transferred to the legal heir/s who were living in the property when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s.
- Hence, the landlord is under obligation to issue rent receipt in your name .
Dear client
In your situation, a few things need to be considered:
Tenancy Rights and Agreements:
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Rent Control Laws: Mumbai falls under the Rent Control Act, 1948. Since your mother has been occupying the flat since 1970, you and your sister likely have inherited tenancy rights. These rights are generally protected under the Act, and a formal tenancy agreement might not be mandatory, especially if rent has been paid continuously. -
Landlord's Insistence: However, the Parsi trust managing the building might still prefer a documented agreement for record-keeping purposes or to clarify terms of occupancy.
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Negotiate the Agreement: If a lawyer advises a tenancy agreement is best, work with the trust to draft a document outlining:
- Details of the parties involved (you, your sister & the trust)
- Description of the flat
- Monthly rent amount
- Deposit details (if any)
- Term of occupancy (if applicable)
- Rights and responsibilities of both parties (maintenance, repairs etc.)
Stamp Duty and Registration:
- If a tenancy agreement is drafted, stamp duty will likely be applicable based on the rent amount and agreement duration. A lawyer can advise on the exact stamp duty amount applicable in Maharashtra.
- Registration of the agreement is generally not mandatory for leave and license agreements (common in trust buildings) with a term less than 12 months. However, registration offers stronger legal protection in case of disputes. A lawyer can advise on the benefits and costs involved in registration.
If she as staying there during her death then you can move to court by filing suit seeking declaration for the tenancy status to her. As there is no tenancy agreement between parties you need to provide the said fact in court
