• Transfer of tenancy receipt

Respected Sir,
Since the last 40 yrs my father runs his dispensary in a rented premises. The landlord is a trust. He has never defaulted on rent payment. Now he wants to transfer the property in my name and hence gave a written letter to the trustees to transfer the receipt in his sons name [ie my name].
In reply to his letter, one of the trustee, informed him that, the trustees are thinking of discontinuing the tenancy after my father passes away, and therefore they are not willing to transfer the receipt.
My question is that, can they do this, specially since, this is not a leave and license agreement and we have been occupying this premises for last 40 years and have never defaulted on the rent, or any other clause.
What is my legal position and what shud I do to claim my legal right.

Kind regards and thank you for your valuable opinion in advance.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Muslim
1) for transfer of tenancy in your name consent of landlord is required . 

2) on demise of your father your mother , you and your siblings would be legal heirs . 

3) A tenant can not dispose off his interest even by the testamentary disposition i.e. Will as held by the Supreme Court in the matter of Dr. Anant Trimbak Sabnis V/S Vasant P. Pandit.

4) on father demise an application can be made to transfer tenancy in name of legal heirs . your mother and other can give NOC to transfer tenancy in your name 

5) under section 15 (d) of  Mahrashtra rent act you  would be a   deemed tenant . if landlord refuses to  accept   you  as tenant you would need court orders to direct landlord to transfer   tenancy rights   in your  favour
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Though your father is protected by the tenancy rights, since he is the tenant at present, he only has the rights of tenancy but he cannot transfer his tenancy to others during his lifetime.  If is mentally disabled or is no more in this world then his legal heirs inherit the tenancy rights for certain years.  So dot rush with your thought or ideas o soon and hint the trustees of your intention to continue the tenancy for ever. They may plan a different route to evict you all now itself. 
Consult a local lawyer and take his advise on further issues to remain safe. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. During the lifetime of your father i.e tenant the rent receipt cannot be issued in your favour except if the trust agrees thereto. 

2. The trust as the landlord can evict the tenant by filing a lawsuit for eviction on the ground that it requires the property for its use. Default in rent is not the only ground on which tenant can be evicted.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, You are a tenant in the rented premises you can continue your tenancy if the owner is agreed for the same and if the owner is not willing to continue the tenancy you have no right to claim the tenancy and you have to vacate the premises.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, if the landlord not willing to continue the tenancy in your favour then even though you can approach the court but you will not get any relief. You have no right to claim transfer of tenancy in your favour.

2. Tenant has no right to transfer his interest by way of will....that is the meaning.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you can approach the court for transfer of tenancy rights in your father on demise of your father 

2) tenancy rights cannot be bequeathed by will . the SC in the abovementioned judgement held that tenancy rights cannot be bequeathed by will 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
This matter will be governed by the Maharashtra Rent Control Act.  It is not clear from the facts narrated by you, whether at the time f the death of your father, besides him who were residing with your deceased father as his family members. If all the members were residing with your father at the time of his death then all the heirs will be entitled to the tenancy right. Upon death of the tenant those who were residing with the deceased tenant will be entitled to the tenancy right. Therefore qua the landlord all the heirs will be joint tenant while inter se the heirs they may be co-tenant. Such agreement is required to be acceptable to the landlord because the heirs amongst themselves can not impose upon the landlord as tenant a man of straw or by make-believe devise or assertion a man who may be really not entitled to become tenant. You can not force the landlord to transfer the tenancy right in the name of all the heirs as the landlord can issue rent receipt in favour of anyone of the heirs. There is no difficulty in continuing the tenancy in the name of your late father.
The tenancy rights are heritable under most of the State's Rent Control Act. Therefore after the death of the tenant it passes in favour of the heirs of the deceased tenant.
As per Maharashtra Rent Control Act the tenancy right in of the business premises devolve upon any member of the tenant's family who is using the premises for any such purpose tenant at the time of death of such tenant. In absence of such member any heir of the deceased tenant will be entitled to the tenancy right. After the death of the tenant, the question of termination of tenancy does not arise.





2] What is the meaning of the below mentioned statement, in simple terms: 
" A tenant can not dispose off his interest even by the testamentary disposition i.e. Will as held by the Supreme Court in the matter of Dr. Anant Trimbak Sabnis V/S Vasant P. Pandit."

This is during the lifetime of the tenant.  It is confirmed by Supreme court that a tenant cannot bequeath his tenancy to his heirs. The property belongs to the landlord.
The law gave the heirs of a tenant the right to continue to reside in the premises even after the original tenant died.The law qualified that this right was only available to an heir who was residing with the tenant at the time of his death.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. The duration of tenancy does not impair the right of the landlord to seek the eviction of tenant. You will be given a fair opportunity by the court to contest the case for eviction.

2. It means that a tenant cannot transfer the property as he is not the owner.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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