Widows right to pagdi house

Querist : Anonymous (Querist) 18 December 2023 This query is : Resolved
We are 8 siblings and parents died. Its over 70 years we have a pagdi house. My father passed away in 1990 and mother in 2003. Seven of us are married and the youngest sister is not married.

She has taken charge of the house but never stayed after my parents passed away. She has rented the house since 2006 and sharing the rent money to the siblings. She was living in dubai since 2009 and now settled in UK since 2022.

The rent agreement is in her name and the house is still in my deceased mother maiden surname

I am a widow since 2011 and dont have a home. I am not financially settled and invested my money to give my son a good education

Can you tell me if i have the right stay in my parents house as i dont have a house. Currently am on rent and paying a very high rent.

Also need to know if she has the right to rent the pagdi house. I need help as all the siblings are against me and not letting me stay in the house.

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A widow with eight siblings is seeking clarification on her right to stay in her parents' pagdi house, as she is currently renting and financially unstable. The house has been rented out by her youngest sister, who has been living abroad. While the Maharashtra Rent Control Act, 1999, generally transfers tenancy rights to legal heirs living in the property at the time of the tenant's death, a consensus among siblings and potentially a formal no-objection for rent agreement transfer might be necessary.

kavksatyanarayana (Expert) 18 December 2023
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 were living in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s. You can stay in the house.

T. Kalaiselvan, Advocate (Expert) 19 December 2023
The rental agreement shall be transferred to anyone of the legal heirs upon the other legal heirs giving no objection.
You can gather all your siblings and arrive at an amicable settlement among yourselves instead of stretching it to litigation

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