Transfer of tenancy after the death of parents


Two brothers are living in the same rented premises. Father-mother died. Who will be legally eligible to get the tenancy transferred in his name? Will the other brother be evicted from the house as he is harassing the others?

Answers (2)


327 votes

Hi client, after the death of parents it can be transferred on your or your brothers name based on seniority of age. However, you both have equal rights to stay in your parents home and cannot be thrown out for any reason. The will made by parents can also state who can inherit the property. Also have a look at the agreement made by your parents. Even if they would own the flat in building, they would be obligied to pay rent to the landlord/society anyways which even after their death as you both are legally staying there are bound to. If your parents have made will which states the flat to be transferred on of your names, that doesnot give your brother the right to throw you out of the premises.


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60 votes

Respected client, if the tenancy is on the name of father then after death of father all remaining legal hairs having equal right in tenancy right .. in your case both brother having right over property equilly provided there is no any special clause in tenancy agreement . Other brother can't evicted to other one

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