Pagdi property
Mahesh Prajapati
(Querist) 22 May 2015
This query is : Resolved
A pagdi room is under the dispute between 2 brothers and their father is now dead (under his name is the rent receipt). The brothers are now ready to settle the dispute among themselves but the landlord is now asking for 5 lakh to transfer the name on rent receipt to one of the brother. Is it legal?
Kishor Mehta
(Expert) 22 May 2015
Sir,
In Maharashtra the tenancy rights of the tenants are protected under Maharashtra Rent Act 1999.
On the demise of your father both the brothers or either of you can reside at the room. Why do you want to transfer the rent receipt, let the rent receipt continue to remain in the name of your father, it does not effect your deemed tenancy rights in any manner. You are fully protected under the Maharashtra Rent Act 1999.
Good Luck,
Kishor Mehta
Mahesh Prajapati
(Querist) 22 May 2015
Thank you for the useful suggestion.
But since there was a dispute between brothers, one is now paying other to vacant the space in lieu of 10 lakh rupee. This will require the transfer of rent receipt.
Moreover the landlord has stopped giving rent receipts even in the name of grandfather since 2012?
T. Kalaiselvan, Advocate
(Expert) 26 May 2015
If the brothers settled the dispute by one brother paying Rs. 10 Lakhs to another, the dealing soared the eyes of the owner/land lord, thus it is but natural that he too is demanding his share for renewing the tenancy rights. Try for an amicable settlement with him, so that the litigation expenses can be avoided.
Rajendra K Goyal
(Expert) 02 June 2015
You can continue living and the rent receipt be continued in the name of your father.
Otherwise try to have amicable settlement and through away some more money to have tenancy in your name.
