Legal Question in Landlord & Tenant Law in India

How to change the tenancy in wife's name after husband is deceased?

My Grandfather was tenant in a Chawl in Mumbai. He deceased around 1966-67 leaving 2 dauthers and a son (i.e. My father) and wife. Now till 2006, one of my aunt, my grandmother and my father decesed. My other aunt is married and wel settled. Deceased aunt has 2 sons again wel settled. My mother now leaves in the rented house. Even after my Grandfather died, we were paying rent with his name. The tenancy was not transfered to my grandmother or to father. The landlord is willing to change the tenancy to my mother's name but we do not know the legal pracess for same. Can you please guide us? We assure you that none of the legal heirs of my grandfather or the landlord has any objection for this change of tenancy. Please let me know if you need anymore information.


Asked on 4/19/07, 10:54 pm

3 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: How to change the tenancy in wife's name after husband is deceased?

very simple

just make a new tenancy agreement in the name of the person who want to become tenant and the landlord may issue the reciepts in his/her name

if you want you may refer the old tenancy in the fresh agreement

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Answered on 4/22/07, 1:26 pm
Vishwa Johri Johri & Associates

Re: How to change the tenancy in wife's name after husband is deceased?

Changing of tenancy rights do not need any legal process. Let there be a doucment executed by all the legal heirs, incorporating that they all have surrendered the tenancy rights. Thereafter the landlord/owner of the house shall execute a lease /rent deed in favour of ur mother

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Answered on 4/21/07, 11:29 am

Re: How to change the tenancy in wife's name after husband is deceased?

landlord can attorn the tenancy in the name of your mother and a fresh agreement of tenancy can be executed between landlord and your mother or/and in alternate landlord can execute rent receipt in your mother's name.

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Answered on 4/20/07, 12:59 pm


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