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Can father who is a tenant transfer the premises to his son?
20-Aug-2023 (In Landlord/Tenant Law)
Regarding tenancy premises. If it is in name of the father, the son is staying with father and can father transfer it to son? If the father expires, then what will happen? If father can transfer the premises or tenancy to son, does daughter have share in it?
Sir,
As per tenancy law the tenancy cannot be transferable. In case father expires and son is living since his birth he can carry on and claim tenancy right being legal heir of the deceased tenant.Even daughter has share in it unless she is unmarried.
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Father can at most transfer his tenancy rights in tenanted premises but can't transfer premises itself as ownership of tenanted premises is always with the landlord and not tenant. Upon expiry of your father tenancy rights will be inherited by his legal heirs including you
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Adv. Radhika Pachpor
Pune | 5+ Answers
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A father can not transfer the tenancy right in your favour without the consent of the landlord. 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. A father can though allow his son to stay along with him in the tenanted premises.
If your father is the tenant and you are residing in that premises with him, then in case of your fathers demise you shall continue to reside in the said premises as a tenant. only the persons who are residing with the afther at the time of ghis demise are allowed to continue to reside as tenants.
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Adv. Sagar Kothari
Pune | 5+ Answers
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