Legal Question in Real Estate Law in India
MHADA Tenancy
We live in MHADA tenement since the last 26 years. This building was originally taken over by MHADA from A landlord in 1976-1977. And my father ,was paying rent to the landlord since time immemorial, (old rent receipt shows the name .This building was reconstructed by MHADA and rooms alloted to us again in 1981 in the same old name also- rent receipts are in the same old name. My dad could not take up this matter with MHADA due to ill health.
Subsequently he passed away in March 1995, leaving issue unresolved.We got the room alloted to my mother after furnishing details like my father death cert. to MHADA-who in turn has taken an affidavit from us saying that there is no other person holding any kind of right on this issue.The room allotment letter from MHADA & rent receipts now are in my mother namesince Jan 1999.She now wish to transfer tenancy rights to another person, since we planto buy bigger house.But one of my uncle (Dad's younger brother - who has never resided with us has objected and given a letter to MHADA saying that this is ancestral property & no transfer should take place. Pl advise whether we he is right or we have exclusive rights of tenancy tranfer after residing all these years along with maintnence & other.
4 Answers from Attorneys
Re: MHADA Tenancy
tenancy in your father's name - then your uncles cannot claim it!
Re: MHADA Tenancy
A tenancy is normally personal in nature. In any case, claims of your uncle are now barred by law of limitation. Now your mother is exclusive tenant of the premises.
Re: MHADA Tenancy
Your uncle has no legal right of any kind in your tenanted premises.
As regard the transfer of tenancy by your mother, you have to see the lease/tenancy agreement whether is there any clause which permit your mother to transfer the tenancy right & in absense thereof the transfer can be with the permission of the landlord. For furhter query contect me
Re: MHADA Tenancy
Tenency is not like other ancestral property which can be partitioned or some one can claim on it. After the death of original tenant, tenancy gets into the name of heirs of original tenant who resided with him at the time of his death, and no body else can claim over it. So your uncle does not have a any space to lay his foot over the property.
Tenancy is not transferrable unless there is anything contrary in the tenancy agreement.
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