Transfer of property of deceased tenant

Riya (Querist) 10 September 2023 This query is : Resolved
My father was a tenant in a pagdi property in mumbai but my father died 2 years back . The property is in talks for a redevelopment after a 5-6 years.Landlord is asking to pay a huge amount to get the name transferred in my mother's name.Will the redevelopment directly transfer the property to my mother's name or do we need to get it transferred it my mother's name by paying the amount to the landlord before the redevelopment ?

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If a tenant in a pagdi property passes away, their tenancy rights can be transferred to a legal heir who was living with them at the time of death. The landlord cannot demand a large sum for this transfer; a fresh rent receipt can be issued in the heir's name. Evidence of cohabitation is required to claim these rights, and this process should be completed before any property redevelopment.

T. Kalaiselvan, Advocate (Expert) 10 September 2023
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).
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.
Therefore the landlord cannot insist on the huge amount for transfer of rental receipt to your mother's name.
Therefore, the family member who desires to claim the tenancy rights of the demised tenant must show evidence that he/she was perpetually living with the deceased tenant at the time of his/her demise.

Advocate Bhartesh goyal (Expert) 10 September 2023
Yes, landlord can't ask or demand any amount for transfer of tenancy rights .Deceased tenants legal heirs who have been residing with him at the the time of his death have right to get transfer tenancy rights.

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