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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:- I had purchased a house in Basaveshwarnagar, which I had bequeathed to my only daughter. The will is registered. Unfortunately my daughter is suffering from serious heart problem and needs hospitalization and surgery. The doctor has informed that the entire process may cost two lakh and some additional amount for post operation treatment. I want to mortgage my house which is willed to my daughter and avail loan. Please advise whether it is possible?

Q:- Mr. and Mrs. Mallappa had made a Will before their demise stating that the property should not be sold to any third party and should be purchased by their children only. Now, I have entered into an agreement with one of the children of Late Shri Mallappa. Whether can I go ahead to purchase a property or withdraw from the agreement?

Q:- I own a property jointly with my sister which is acquired by both of us out of our own funds. I am aged and my sister is taking care of me as my children have abandoned me. Please inform how I can transfer my share in the property to my sister without much expenditure in my lifetime?

Q:- Whether Hindu Widow can alienate property through will to a particular son, which is acquired by her through her husband, out of other sons?

Q:- I am given to understand that my paternal uncle has bequeathed his house in Bangalore to me through a Will. But, my uncle has not confirmed this and the Will which is registered is kept in safe custody by my uncle. Though I have applied for a certified copy of the Will, the registrar refused to provide me a copy. Please inform how can I get a copy?