• Tenancy right of resident heir after father's death without a wil

My brother-in-law's brother stays in a rental accommodation where the transfer was not made on their father's death. Subsequently their mother also died. My brother-in-law's brother(say Mr.A)  is staying in that accommodation alone for around two decades. Now Mr. A wants to sell the property to someone else. This is a heritage building and so cannot be given to a builder for redevelopment. The landlord will charge a certain percentage of the sale amount to transfer the bill on the buyer's name as a transfer fee.  So the questions relating to this issue are:
1. What is the percentage normally a landlord takes to transfer the bill on the accommodation.
2. Can Mr. A go ahead with the transfer  considering that he is staying in the premises alone for the last two decades  or Does Mr. A need to take the consent of his living siblings and/or the heirs of his deceased siblings before proceeding with the transfer
3. Are there any other complications
Asked 9 months ago in Property Law from Mumbai, Maharashtra
Religion: Christian
1. There is no law regulating this percentage and hence differs from person to person.
2.Long stay does not make any difference. On the death of parents both A and his brother equally inhertis the tenancy rights provided there is no other brother and sister.
3.So ask your brother in law to send notice to the landlord seeking his share in the tenancy as well.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
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1. This can be decided by an agreement between the landlord and tenant. There is no cap prescribed by the law.

2. Without the consent of his siblings who are also legal heirs to their father Mr.A cannot transfer the property. It is immaterial that he alone has been in possession of the property for 2 decades. 

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
The legal heirs his siblings and in case of demise of any of his siblings his/her heirs would be his/her spouse and children. If they are resident outside India then they may execute a GPA in favour of A to sell the property for and on their behalf. The GPA has to  be attested at Indian Consulate and then registered before the jurisdictional sub-registrar in India.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1) on A father death A along with his siblings would be the legal heirs 

2) consent of other legal heirs would be needed for transfer of tenancy 

3) landlord generally charge around 33 per cent for transfer of tenancy
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
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1) On A father demise his wife and children would be the legal heirs 

2) it is better that A first gets tenancy transferred in his name . All other legal heirs can furnish NOC to landlord that they have no objection that tenancy be transferred in A name

3) in case any sibling is dead his legal heirs should give NOC 

4) consent of spouse of surviving siblings is not required 

Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
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1. What is the percentage normally a landlord takes to transfer the bill on the accommodation.

It depends on the situation and location and also prevailing circumstances.  Generally the landlords demand around 35% and anything beyond that is exorbitant.




2. Can Mr. A go ahead with the transfer  considering that he is staying in the premises alone for the last two decades  or Does Mr. A need to take the consent of his living siblings and/or the heirs of his deceased siblings before proceeding with the transfer

Taking NOC at east from the surviving siblings would be a better idea so that a litigation in this regard that may arise in the future days can be avoided.





3. Are there any other complications

So long the procedures are followed there wont be any complication, however the siblings moods are to be taken care of properly. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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When you say Mr. A needs to take the consent of the legal heirs to enter into an agreement with the Landlord, who would be the legal heirs whose consent needs to be taken as they are scattered in different places mostly abroad. Does the legal heir include the children of the deceased siblings of Mr. A. Does it include spouses of the siblings. Since most are abroad is the consent to be taken on Indian Stamp Paper or a written consent on plain paper.

Legally speaking NOC from all the legal heirs including the legal heirs of the deceased legal heirs are also to be obtained. Even if they are in abroad, their NOC to be obtained so that there wont be a problem in the future. 
The souse of the deceased legal heir would be a legal heir of the deceased legal heir hence NOC from such spouses also are to be obtained. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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