Transfer of tenancy
Anand Duvva
(Querist) 17 October 2014
This query is : Resolved
What are the rules and regulations for transfer of tenancy of a room in bdd chawls in mumbai?
What is rule for deleting the names of others who shares the same room?
Advocate M.Bhadra
(Expert) 18 October 2014
If the landlord would agree then you can transfer the tenancy,otherwise you can not transfer the tenancy right.Please see the following :----
Maharashtra Rent Control Act, 1999
Section 26. In absence of contract tenant not to sub-let or transfer or to give on license.
Notwithstanding anything contained in any law for the time being in force, but subject to any contract to the contrary, it shall not be lawful for any tenant to sub-let or give on license the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein:
Provided that, the State Government may by notification in the Official Gazette, permit in any area the transfer of interest in premises held under such leases or class of leases any premises or class of premises other than those let for business, trade or storage to such extent as may be specified in the notification.
ajay sethi
(Expert) 18 October 2014
you need consent of landlord to transfer tenancy rights
Rajendra K Goyal
(Expert) 18 October 2014
Can not be transferred till all parties including landlord agree.
V R SHROFF
(Expert) 18 October 2014
BDD CHAWLS IN WORLI [ near TV Tower & Glaxo, Mumbai-18]WERE CONSTRUCTED by Govt. OVER 60 YEARS OLD.
No less than 500 transfer of tenancy took place. Yours is not new .
So better ask your bdd chawl committee to do the needful. They know the procedure and do it for over 45 years!!!!
Anand Duvva
(Querist) 18 October 2014
Actually my friend's father has a room in bdd chawls in mumbai. Long back this room was shared by 9 members. All these members decided to transfer the room in the name my friend's father's name by mutual understanding. But after some years all the members sold their shares to my friend's father and they left mumbai. But my friend's father did not delete the names of all others members from PWD records till now. All rent bills, electricity bills stands in my friend's father's name since 1984. Now my friend's father want to delete all other members names from PWD records. Is this possible? if yes, please advise..
Advocate. Arunagiri
(Expert) 18 October 2014
You can not transfer the tenancy.
You have to surrender the tenancy. The landlord will enter new agreement with the new tenant.
prabhakar singh
(Expert) 18 October 2014
Unless land lord confirms the transfer and transferors admit the transfer,substitution even if made by authorities would be not binding upon land lord and transferors.
V R SHROFF
(Expert) 18 October 2014
The BDD (Bombay Development Department) chawls in Worli are the earliest and that there no single person as Land Lord.
202 chawls of the erstwhile Bombay Development Directorate’s (BDD) situated on 91 acre in the south central Mumbai. This would translate into construction of 1.50 crore sq ft of floor space index (FSI) further translating into about 2 crore sq ft of saleable area.Rs. 30000/- per sq ft mkt value !!
no landlord --redevelopment; so he want trf
V R SHROFF
(Expert) 18 October 2014
Considering the construction cost of Rs 2,500 per sq ft and the prevailing saleable rate of Rs 30,000 to 40,000 per sq ft the redevelopment project entails total sale value of Rs 15,000 crore. The redevelopment of BDD chawls is being proposed after the government has recently launched redevelopment of sector
prabhakar singh
(Expert) 18 October 2014
I did not deny what you hold as his intention
but told how to get a binding order of mutation.
Anand Duvva
(Querist) 18 October 2014
Do I only need consent of landlord to transfer tenancy rights or I also need consent of all other members? if other members objects the transfer then what would happen? Pl advise.
Devajyoti Barman
(Expert) 19 October 2014
Permission of landlord and other tenants always cement your position as far as transfer of tenancy is concerned.
Anand Duvva
(Querist) 19 October 2014
8 members are signing NOC. But 1 member opposing transfer of tenancy and he is not signing on NOC. Pl advise..
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
If one member is not signing NOC, you cannot compel him to do so, only by reconciliation the problem can be solved, talk to him through sources and arrive at an amicable settlement, that is the only way left out. No legal action can be initiated under the given situation against the person declining to accept the offer.
Devajyoti Barman
(Expert) 20 October 2014
Then tenancy would be transferred expect the share of the non consenting tenant.
Anand Duvva
(Querist) 20 October 2014
The person who is opposing the transfer of tenancy is demanding money from us for signing on NOC. is any legal action possible against him? Pl advise...
ajay sethi
(Expert) 20 October 2014
pay him money obtain NOC and get tenancy transferred
Devajyoti Barman
(Expert) 20 October 2014
You ca not take any legal action and it is advisabe to take NOC even at some cost.
Anand Duvva
(Querist) 20 October 2014
Property is about 37 lac, he is demanding about 4 lac (11%) of it.But others are not demanding anything. Is it justifiable to give him that much money? Pl advise.
Isaac Gabriel
(Expert) 21 October 2014
The landlord is at liberty to quote.You are at the receiving end.Either accept or negotiate and then decide.
Devajyoti Barman
(Expert) 21 October 2014
You are wasting your own time by posting the queries when the solution is itself available to you.
Be a prudent person and get NOC by making the payments and close this thread.
Anand Duvva
(Querist) 21 October 2014
Dear Experts
Thank you for all your valuable suggestions,
There is no point in giving the money to him. But the point is that he is black mailing us.
My opinion is that, I accept that my friend's father had done wrong at the time of getting them evicted, not got fully transfered on his name by removing their names from the records. He is doing wrong. So there should be some laws to win such cases in future to save justice.
And Thank you all experts for the valuable suggestions and your valuable time spend on giving resolutions to my query. This is very helpful platform for all the members who want rightful justice. Thank you.
ajay sethi
(Expert) 26 October 2014
thanks for your appreciation
