Inheritance of property under pagdi rental system

Ashish (Querist) 22 January 2024 This query is : Resolved
This is in continuation to the explanation given by Advocate Mr Kalaiselvan on December 2022 regarding tenancy inheritance.

I have been residing at the current property as a tenant under pagdi system since last 50 years. The tenancy is on my father's name. However he expired about 14 years ago. Thereafter I intended to transfer the tenancy rights to my name. However the landlord has asked for a NOC from my sister for transfer of tenancy. My sister is married and has been residing in her marital home since nearly 30 years. I have been paying the rent since last 22 years.

My sister is now stating that to give NOC I should make her a co tenant so that she doesn't lose her rights on the property. Is this legally acceptable, as I understand that tenancy under pagdi cannot be willed as inheritance

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Quick Summary

This discussion clarifies inheritance rights within the Pagdi rental system, particularly concerning the Maharashtra Rent Control Act, 1999. Generally, upon a Pagdi tenant's death, tenancy rights pass to family members who were residing with them at the time of death. While these rights are inheritable by legal heirs, they cannot be transferred via a will, as testamentary succession is not permitted under this system.

kavksatyanarayana (Expert) 22 January 2024
The pagdi system was legalised by the Maharashtra Rent Control Act, of 1999. Generally, upon the death of a pagdi tenant, the tenancy rights are transferred to the legal heir/s who lived in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s.

T. Kalaiselvan, Advocate (Expert) 22 January 2024
Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, states that:

A tenant’s family member who has been living with the dead tenant at the time of his/her death shall be eligible first from the family as the successor to succeed the tenancy.

Upon the demise of a current pagdi tenant, the tenancy rights can only be transferred to that legal heir(s).

The new tenant (legal heir) can request the landlord to issue a fresh rent receipt in the heir(s) name(s).

But testamentary succession is not possible, as pagdi system inheritance rights are peculiar to the tenant and therefore a tenant cannot bestow his/her tenancy rights under a Will.

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