Tenancy rights have always been considered a valuable property right, often leading to disputes on the death of a tenant and raising questions as to who qualifies as a member of the tenant’s family to be entitled to inherit the tenancy rights of premises from the deceased tenant.
In Maharashtra, tenancy rights are regulated under the Maharashtra Rent Control Act, 1999, which repealed the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947.
Rent control legislation has been primarily undertaken to save tenants from the harassment tactics of unscrupulous landlords and to curb the avarice of the landlords and normalize their relations with the tenants.
Upon the death of the tenant, the question arises of who shall inherit the tenancy rights of the tenanted premises? Which member of the family shall qualify as the successor to the tenancy rights?
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Vistasp Adil Irani is an associate at Vidhii Partners.
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