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Transfer of tenancy rights in pagadi system

(Querist) 04 September 2012 This query is : Resolved 
Respected experts,
I live in a chawl in Dadar area of Mumbai since my birth, i.e. 1987. I have few querries as follows.
1. This chawl is built in 1938 by some owner, who sold it some another person years later. My grandfather came in Mumbai in 1942 and started staying in the very room in which I currently reside.
2. In 1980s, the current owner bought this premises from the previous one and started collecting rent from the tenants. In 2000, he died and the ownership of premises are transferred to his 5 sons, as per his will. Since then, we are paying the rent to these sons.
3. In 2003, my grandfather died. As he made no will, his property will be distributed to his wife and sons, daughters equally. Am I right? (Hindu Vaarsa Hakka, I guess)
4. This means, the rent receipt should have been transferred in the name of my grandmother and her 4 children (including my father, who has been residing here since his birth, 1951). But, the landlord (5 sons) refused to do so. I would like to know what is the correct procedure?
5. Meanwhile, my grandmother decided to give this property to my father to avoid legal disputes after her death. She made an affidavit with court saying that she has no objection to transfer tenancy rights to my father. Also, we took NOC of each sibling of my father on a stamp paper. Is this procedure enough to transfer tenancy rights in my fathers name?
6. We submitted these documents to the landlord, but he demanded some money. We were ready to pay it, but after some days, he started post-poning it. We are paying our rent on monthly basis, and haven't been defaulter for even once. But the rent receipt is still in the name of my grandfather. What can we do to transfer it? Or whatever procedure that we have followed is enough? Please help.
ajay sethi (Expert) 04 September 2012
on death of your grand father your grand mother and children residing with her are deemed tenants under provisions of section 15(d) of maharashtra rent act .

It is not permissible to demand any amount for transfer of rent receipt from the name of the deceased tenant to the name of the heir in whose favour all the heirs have agreed to get transfer the rent receipt. The landlord is not bound to issue the rent receipt in favour of all the heirs of the deceased tenant. He is bound to issue receipt in favour of any one of the heirs amongst all the heir as may be decided by an agreement them.

if landlord refuses to transfer rent receipt you have to move small cause court in mumbai for necessary reliefs
Pushkar Nagle (Querist) 04 September 2012
Mr. Sethi,
Thank you so much for your detailed and prompt reply.


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