Transfer of rent receipt to legal heir in pagadi system

Shalini Desai (Querist) 18 April 2014 This query is : Resolved
Hello Experts,
I went through quite a few of the queries posted on this forum. The opinions given are really very easy to understand.
I am living in a pagadi system building in South Mumbai with my parents. The house we are living in is the same one in which my grandfather resided. The rent receipt was issued in the name of my grandfather and is still so, even after his death many years back. My father’s siblings are living in different parts of the city and my mother has made an affidavit with signatures of my fathers’ siblings that they will not claim for the house that we are residing in.
We approached the landlord along with this affidavit with a request to transfer the rent receipt in the name of my father, for which he demanded a big sum of money, without any written confirmation, etc. My mother was ready to negotiate (this is when I was a kid) but the landlord was adamant with the amount he demanded.
I have read the Maharashtra Rent Control Act 1999 which states:
“Every landlord shall, without charging any consideration, issue the rent receipt in respect of the premises let out to the deceased tenant in the name of the family member referred to in sub-clause (d) of clause (15) of section 7.”
Which means the landlord cannot demand for any money and has to rightfully transfer the rent receipt in the name of one legal heir, right? (in this case my father, as there is an affidavit where the other heirs have signed that they will not claim for the house)
Now, my query is as follows:
My grandfather resided in this house before getting married and even until his children grew old. After one of his daughters married, he was residing with her and his death occurred in her marital house. In his death certificate, the permanent address is given as his daughter’s marital house and the address where death occurred is blank (which should’ve actually been the daughter’s marital house and permanent address should’ve been this house).
Since, the address where I am currently residing is not given in his death certificate, would it be a problem in transferring the rent receipt from my grandfather’s name to my father’s?

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ajay sethi (Expert) 19 April 2014
since your father has been staying in said premises with his father he is a deemed tenant under provisions of Maharashtra Rent Act . other legal heirs have given NOC to transfer rent receipt in favour of your father . if landlord refuses to do so you will have to move small causes court in mumbai for necessary reliefs .

ajay sethi (Expert) 19 April 2014
merely because death of your grand father occured in his daughter house and death certificate reflects said address should not create problems . the fact is rent receipts were issued by landlord in your grandfather name . he has accepted your grand father was tenant