Legal heir for pagri system

Querist : Anonymous (Querist) 22 May 2024 This query is : Resolved
Hello all,

My grandmother lives in a pagri flat currently and has two legal heirs (my mother and my uncle) both not residing with her currently.

My grandma wants to pass on the tenancy rights of the flat to my mother after her demise (A will has already been created and I also have a No-objection certificate from my uncle).

Additionally we spoke to the current landlord and he is asking us for money to change the tenant from my grandmother to my mother.

My questions are :

1) After my grandmothers demise can my uncle claim the house as a legal heir? (Note : my mother visits my grandmother regularly ,whereas my uncle visits her once in 3 months)
2) Is it legal for the landlord to ask for money for transfer of tenancy rights to my mother?
3) Is it possible to sell the current house and pay around 30-50% of the sale fee to the landlord without his permission or is a consent necessary from him before sale?

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Quick Summary

This discussion addresses concerns about transferring tenancy rights in a pagri system flat. It clarifies that while a will and a no-objection from one legal heir exist, the landlord is requesting payment for the transfer. The core questions revolve around whether the uncle can claim the property, the legality of the landlord's demand for payment, and the possibility of selling the property without the landlord's consent. The advice suggests changing rental receipts during the grandmother's lifetime is possible and that landlord consent is essential for sale, with potential complications arising if no heir was residing with the tenant at the time of death.

T. Kalaiselvan, Advocate (Expert) 22 May 2024
You may get the rental receipt changed to your mother's name during your grandmother's lifetime, he cannot object to it.
2. It is the normal practice that the landlord demanding money for change of name of tenant in the rental receipt in pagdi system property.
3. The consent of landlord is essential.

Querist : Anonymous (Querist) 22 May 2024
The landlord keeps delaying the process. It is almost 5 years now since we have started talking to.him.to change the receipt and also willing to pay money.

What are the possible outcomes after my grandmothers demise?

T. Kalaiselvan, Advocate (Expert) 22 May 2024
As per rent control act the legal heirs of deceased tenant can inherit the rented premises if they were living with the deceased tenant at the time of her death
Without anyone living with the tenant at the time of the death, then the legal heirs succession to the rented property may not be maintainable.

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