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Kishore   04 December 2023

Transfer of rent receipt in my name in pagdi system

I am staying in pagdi system flat since 1967 having al my address proof. The flat is in the name of my father. He expired in 2003. My mother expired in 2019. Both have expired in the above mentioned flat. I have three elder brothers ( married) staying separately. Now the building is likely to go for redevelopment. I would like to transfer the rent receipt in my name. My question is:

  • Whether it is mandatory to get NOC from all my elder brothers
  • What is the Procedure  for  transfer of rent receipts.
  • Is there any law wherein if my spouse is having a separate flat in her name (individual) rent receipt cannot be transferred.


Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     05 December 2023

It is mandatory to obtain NOC from your siblings because they also form part of the list of legal heirs to your deceased father.

You can approach the landlord along with the NOC and get the rental agreement transferred to your name and the rental receipts to be issued on your name subsequently.

 

Dr. J C Vashista (Advocate and Legal Consultant)     05 December 2023

Yes, you will have to seek NOC from your siblings.

Kishore   05 December 2023

Pl confirm whether NOC to be obtained in plain paper duly signed or It has to be in stamp paper. If so suggest valued of stamp paper.

Is there any law wherein if my spouse is having a separate flat in her name (individual) rent receipt cannot be transferred.

 

T. Kalaiselvan, Advocate (Advocate)     05 December 2023

The NOC can be obtained on a Rs. 100 non judicial stamp paper duly notarized by a notary public in order to substantiate the authenticity 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 December 2023

Pagdi system was and is an illegal system. During the time of second world war many land lords increased rents enormously. In order to control rent the then British Government issued rent control order. In order to byepass the order landlords started asking for illegal interest-free deposits. The tenants also obtained a kind of permanent tenancy. Even when the tenant had to leave the area, he did not vacate the tenancy. If at all he vacated pagdi at a higher rate will be collected from the new tenant and it would be shared between the landlord and the vacating old tenant. Mostly the latter will get a higher share (60%) than the former. In any case a tenancy is a tenancy and the tenant stays at the pleasure of the landlord. He has to vacate it when the term expires or if the landlord requires for his own use without any compensation. The laws of succession would not apply to such tenencies. When your father died in 2003, the landlord did not ask you to vacate the flat. You continued to stay there for another 20 years. You did not acquire the tenancy under the laws of succession, but under laws of limitation. Your brothers have no rights over the tenancy. A tenancy is for the purpose of residence and not a property right. Your brothers, who have never stayed there have no rights. Don't get into unnecessary problems by asking for NOC. A pagdi flat is different from an ownership flat in a co-operative housing society. In the latter, payments are open.The tenancy right is openly puchased and thus owned, transferable and inheritable.

Kishore   09 December 2023

Thank you for your reply.

Is there any law wherein if my spouse is having a separate flat in her name (individual) rent receipt cannot be transferred.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 December 2023

Whose rent receipt cannot be transferred to whom? Be clear and complete in your statements.

Kishore   09 December 2023

I stay in a pagdi system flat since 1967 with my parents..The flat is still  in the name of my father who expired in year 2003. My mother expired in 2019.

My three elder brothers got married and are staying seperately since 1988.As per your earlier statement,NOC is not required from my three elder brothers for transfer of rent receipt in my name.

My question: My wife is having a seperate flat in another locality in her individual name. Will there be any hinderance in transfering my existing pagdi flat in my name?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 December 2023

Your wife owning another flat will no way affect your eligibility for rent receipt. When your father died the rent agreement your landlord had with him expired. He should have drawn a new rent agreement with any of the adults then living in the flat. He did not do that. You continued to pay the rents and he is accepting them till now. Are you paying the rent by cheque or by other ways of bank transfer? If so you are paying the rent for the past 20 years and he is accepting them. You have every right to demand rent receipt in your name. Has the land-lord refused to issue rent receipt in your name? Your brothers who have not lived there for the past 20 years and who have not disputed your tenancy have no rights. This is the position under normal law as well as under the law of limitation.


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