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I have read that “in the absence of any family member not residing with the tenant all the heirs will be entitled to the tenancy right”. “ I have two married daughters residing in Navi Mumbai and I am at the Central suburb, how can I ensure that the tenancy rights of my daughters will be safeguarded and after my death the tenancy can be transferred in their names according to my will ?

- by Kishan, Mumbai

The law by which your premises is governed, is very clear that if any member of the family is residing with the deceased tenant at the time of his/her death, such family member gets preferential rights over the other heirs. In your case if any one of your daughter is residing with you, then such daughter will get preferential right over her sister. But both your daughters are not residing with you, therefore both will get right in tenancy as the tenancy right will devolve upon both of them as co-tenants, while qua the landlord they will be joint tenants.

The tenancy right cannot be bequeathed by will. Without reference of tenancy right in the will both will get automatically the tenancy right by operation of law.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers. The youngest one ran away at the young age of 15 and there was no news about him for the last 14 years. We filed a police complaint and made all enquiries through available channels. During this period our parents passed away and we got the properties divided between the two of us. Now the brother has come back and he is claiming his share. Is there any way to solve this unexpected problem?

Q:- My father owns a property in Bangalore. If consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor, my sister and brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem.

Q:- Can I make a joint will with my wife?

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I had signed as witness to a will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the will, but has seen my friend affixing his signature. Please advise what is my role?