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Sam   20 February 2017

Pagdi property name transfer after death of tenant


My dad had bought a pagdi property in mumbai from a landlord by paying huge amount on money. Unfortunately, he passed away few months ago and has left us all in shock. 

We spoke to the landlord to ask him to change the name from my dad to my name on the rent receipts. (we are a family of 4 now and all other members of the family have no objection with me receiving the rent receipt on my name)

The issue is that the landlord is now asking us a sum in lakhs to transfer the rent receipt on my name. This is really ridiculous as we are not selling the property and we are only transferring the name since my dad is no longer there. 

I wish to know on these things: 

1. Is it right on the landlords part to ask for such exorbitant amount of money for transfer after death ? He isn not ready to understand and hence i feel the only option i have is to take help of the court. 

2. The property is currently sub-let out to another person who is paying us monthly rent out of which we give 10% to the landlord. The landlord has also signed the sub-rent out agreement and the agreement is notarized. I want to know will this create a problem if we take court's help to transfer the rent receipt on my name. (is it a problem if pagdi property is rented out by the tenant?)

3. The original tenancy agreement between my dad and the landlord is only notarized, will this be an issue if we go to court to get the rent receipt transferred on my name. ( we have rent receipts in my dad's name and rent has been paid till last year december) We also have details of transactions done with agreement. 

Please help me with these queries. 


 3 Replies

Kishor Mehta (CEO)     20 February 2017

Sir, 1) Tenant can not sub-let a rented premises without written permission of the landlord. 2) The old notarized tenancy agreement is valid. 3) You can approach a Court to transfer the rent receipt to your name, however as the premises is sub-let and not in your possession may adversely affect your claim. 4) Even if the rent receipt.stands in the name of your father, you are fully protected if you have the necessary evidence of having paid the rent and are in physical possession of the premises. Good luck, Kishor Mehta
1 Like

Suneet Gupta (     20 February 2017

The Landlord has signed the sub-letting agreement and therefore agreed to it. You are fully protected under the Tenancy laws, even if the Rent Receipts are in the name of your father, as long as you have an NOC from all his legal heirs.

1 Like

Sam   20 February 2017

Thank you for your valuable inputs. I really appreciate it. 

Yes the sub-letting agreement is signed. I am afraid that the landlord will not take rent from me, so should i sent the rent by post ?

Also, in sub-letting agreement there is one clause that i need to pay 10% of the rent received by me to the landlord, I have currently not paid that since I wanted the landlord to issue the rent receipt in my name but the landlord asked me huge sum of money to do so , that is why i am holding on to paying the 10% rent mentioned in the sub-letting agreement. I want to know am I right in doing so ? or should i go ahead and pay him his share from the sub-letting agreement?

Also, the sub-letting agreement is only valid for 2 years from now, will it be a problem if i need to renew this agreement, will i need to take the landlords sign again to renew it ?? 

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