vijay
(Querist) 19 October 2017
This query is : Resolved
My Grandfather was a tenant in Mumbai since 1940’s under the pagdi system. There was no rent agreement with the landlord in 1940’s.He passed away in 1981 and the landlord transferred the house to my fathers name without taking noc from my fathers’ sisters. He then started issuing rent receipts till 2009 which my father regularly paid. My father has 4 sisters and they were married and were staying separately with their husbands at the time of transfer to my father’s name.
In 2009 the property went for redevelopment and my father was to get a flat under existing redevelopment laws.Now in 2017 the flat would be ready and my father would get the possession in 2-3 months time. Now one of my aunt(father’s sister) with whom the relation with my father is strained has put up a notice to my father & landlord saying that my father has illegally transfered the flat to his name without taking noc from her and the landlord has transferred the flat to my fathers name illegally without taking noc from her and is claiming civil and criminal damages.I think this is deliberately done by my aunt to harass my father in his old age. What is the legal remedy for this?
Guest
(Expert) 19 October 2017
1) Take the possession of flat or rooms alloted 2) I don't know which further deed etc you did with landlord or builder 3) If you have made something as stated in point 2 then it has to be examined 4) Now relationship from 1981 to 2009 is that your father is the tenant and he is the landlord so no outsider has any right, and from 1981 till 2009 when the tenancy was officially transferred that time your aunty did not take objection, neither approached Hon. Court , so due to limitation act her matter will not be entertained in Hon. Court and may end within few dates if proper legal steps are taken 5) If you received notice you need to reply protesting all through your adv immedately 6) If you received summons from court (Small cause court mostly ) you need to appear then give written statement with 30 days protesting all contents not accepted and then contesting the matter on limitation ground and trying to end the case there itself only
Hemant Agarwal
(Expert) 19 October 2017
1. Transfer of "pagdi tenancy" is not governed by the succession laws .AND. the legal heirs CANNOT claim tenancy rights as a matter of inherent right.
2. There is no need for any NOC from anybody to transfer tenancy rights.
Dr J C Vashista
(Expert) 20 October 2017
I respectfully disagree with expert advise of Mr. Hemant Aggarwal regarding succession of tenancy since it is governed by State Rent Control Act and the tenant succeeds deceased father. Besides this, the fact has been admitted by landlord who has already accepted tenancy of father of author and issuing rent receipts in the name of successor of deceased. Accordingly, father of the author is well within his tenancy rights to transfer the premises to builder for redevelopment and handing back after construction.
Dr J C Vashista
(Expert) 20 October 2017
I endorse the expert advise of Mr. Rajendra K Goyal qua tenant shall remain a tenant and can not step into the shoes of owner.
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