Landlord not changing name to my mother name

980 votes

Legal Rights of the Mother (as per West Bengal Tenancy Law): 1. Protection under West Bengal Premises Tenancy Act, 1997 (and amended 2006): Section 2(g) defines 'tenant' to include legal heirs of a deceased tenant who were ordinarily residing with the tenant at the time of death. Your mother, if she was living with your father at the time of his death, automatically becomes a tenant by operation of law. 2. Rent Receipt Name Change: Rent receipt is only evidence of payment of rent, not ownership. The landlord cannot refuse to accept rent from your mother or refuse to record her name without valid reason. Objections by relatives (brothers/sisters of father) have no legal value if they are not residing there. 3. No Need for All Heirs' Consent: Only those heirs who were ordinarily residing with the deceased tenant at the time of death have tenancy rights. Non-residing heirs cannot interfere. the legal step i advice Step 1: Send a Legal Notice to Landlord Demand that rent receipt be issued in mother’s name as successor tenant. Mention that she is in possession and paying rent regularly. Step 2: Approach Rent Controller or Civil Court If landlord still refuses, file a petition before the Rent Controller under the West Bengal Premises Tenancy Act. Alternatively, file a civil suit for declaration that your mother is the lawful tenant. Step 3: Precaution: Always keep rent payment records (even if landlord issues receipts in old name temporarily). Prefer online or cheque payment to maintain evidence of payment.

Advocate Rehman Khan LawRato