Transfer of tenency in pagdi system

Querist : Anonymous (Querist) 29 May 2023 This query is : Resolved
After my fathers demise in 2012 i had approached my land lord for the transfer of tenancy ..but they demanded 30 lakhs for transfer ...which was really very high and non negotiable...so my question will it be a problem when the place goes for redevelopment

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Quick Summary

Following a father's passing in the Pagdi system, family members like a mother and children are considered legal tenants. Typically, no transfer fee is required for tenancy transfer, though a fee might apply to a sale. If a landlord refuses to transfer tenancy rights, legal action or an amicable settlement is advised. As a stakeholder in redevelopment, your rights as a tenant are protected under local laws, and you should continue paying rent, depositing it with the court if refused by the landlord.

kavksatyanarayana (Expert) 29 May 2023
You, your mother, and your siblings are residing in the house with your late father. So after the demise of your father your mother and you have deemed tenants. And to my best in the Pagdi system, no transfer fee is necessary. The transfer fee can be levied in case of a sale. if the landlord refuses to transfer tenancy rights you can file a declaratory suit. And an amicable settlement is the best option for you because if you go to court, it may take time.

Sudhir Kumar, Advocate (Expert) 31 May 2023
You may be having address of proof and will be stakeholder in re-development.

P. Venu (Expert) 02 June 2023
Local tenancy and rent laws apply. If the property is situated in Maharashtra, the definition of 'tenant' includes family members/legal heirs as specified.

T. Kalaiselvan, Advocate (Expert) 03 June 2023
You don't vacate the premises but continue to pay the monthly rental amount.
If the landlord refuses to accept it, then you may file a petition before court to deposit the monthly rental amount in the court as deposit

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