Transfer of rent receipt in pagdi system
Anjali shah
(Querist) 21 November 2014
This query is : Resolved
Dear Sir,
My mother ( Age : 69 years) is residing at Matunga(Central) for last 50+ years. My father expired in 2001. The rent receipt is in the name of My Grandfather. My mother was staying alone for last 12 years as we are two sisters both are married myself in Kandivali and other sister in USA.
My father had 2 brothers and 5 sisters all alive. My mother wish to transfer rent receipt in her name ( Presently in the name of Grand father). My mother wish to transfer rent receipt in her name. In year 2002 we have submitted NOC from all sisters and brothers to landlord, however landlord failed to transfer the Rent receipt in my mother's name. Now he is asking again to Re-submit the said NOC on 100 Rs.stamp paper with fresh signature. But the problem is now my two uncles are not cooperating my mother in signing NOC. We requested landlord to use our earlier NOC ( which was on 20 Rupee stamp paper how ever he is asking us to furnish fresh NOC only).
My query is : Is not my mother become a Deemed tenant by virtue of the fact that she is residing in the same residence for last 50 years and get the Rent Receipt automatically in her name. ( bearing only last 2 years where she is not keeping well, as she is at the moment staying with me under my care).
Kindly suggest any legal remedy and help us to get the Rent receipt in my mother's name.
Devajyoti Barman
(Expert) 21 November 2014
Yes, your mother indeed is tenant and more son if rent is accepted from her. However to avoid complications, request the landlord to issue rent receipt in the name of your mother.
Anjali shah
(Querist) 21 November 2014
thanks for your reply.can you pl clarify that what exactly mean by more son.landlord is asking for NOC from all heirs first.now 5 sisters r ready to give but 2 brothers are not ready for NOC. the old NOC is not accepted by landloard.he says that he want fresh NOC on 100 rs stam paper. my grandfather has given power of attorney to my dad for succession. but he is no more and my dad had not made any such affidavit.my father died in 2001. now please advise for my mom name rent receipt
Kishor Mehta
(Expert) 21 November 2014
Madam,
You need not worry, your mother is amply protected under the Maharashtra Rent Act 1999. Please ask your mother to safe keep the evidences of her stay at the premises.
You need not obtain fresh NOC from the heirs of your Grandfather.
Once more it is imperative for your mother to safe keep the evidences, like rent receipts, light bills, postal articles addressed to your mother, phone bills, ration card, voter's card,aadhar card, etc., proving her continuous stay at the premises.
Good Luck,
Kishor Mehta
ajay sethi
(Expert) 21 November 2014
agree with Mr mehta .
Rajendra K Goyal
(Expert) 21 November 2014
Try to have amicable solution of the problem with the land lord. However, your mother is tenant if she is living from such a long time and can prove her residence from 50 years.
Raj Kumar Makkad
(Expert) 21 November 2014
Well advised by experts hence no more to add.
Anjali shah
(Querist) 23 November 2014
all evidence are with us.landlord itself is a developer. 1 year back he has taken 56,000/- for repairs. and did patch work of bldg. whatever expenses (like garbage dabba, water pipe repairs etc.) is share by us.my mothere is not keeping well so she is right now staying with me. landlord is interested in buying our flat.i think that is why he is asking another Noc from heirs.he told me bring Noc then i'll make receipt in your mummy's name. uptil that he is not ready to accept our rent in cheque. now he is demanding rent in cash. so i sent by money order,that also he returned back because it is signed by me. he told me to give in cash and only my moms sign will be accepted.please help me to change the rent receipt in my mom's name
Kishor Mehta
(Expert) 23 November 2014
Madam,
Please understand that you can not force the landlord to transfer the rent receipt to the name of your mother unless you file a Declaratory Suit in the Hon. Small Causes Court, this is very time consuming and costly.
Anyway your mother is absolutely protected under Maharashtra Rent Act 1999.
Please pay the rent to the landlord only against an official rent receipt only.
Even if the landlord does not collect the rent from your mother it will not, in anyway, effect the legal rights of your mother. The landlord has to give a mandatory notice of 30 days to demand the rent before filing a suit for eviction, and if the rent is paid within the prescribed time the eviction suit becomes infructuous.
Your mother need not pay the repairs charges, unless it is expressly agreed in writing. She is obliged to pay only the standard rent, and nothing else.
Good Luck,
Kishor Mehta
V R SHROFF
(Expert) 23 November 2014
Well advised by experts
T. Kalaiselvan, Advocate
(Expert) 24 November 2014
