• Road widening laws for Pagdi Shops

Hello to all esteemed advocates,
My Late dad owned a pagdi shop in Mumbai for the last 35-40 years. I, his son have given it on rent to a third party and transferring the rents to my mother for her personal use and also paying the landlord rents from it. 
a) The landlord is still issuing rent receipts (without any revenue stamp or bill number) under my dad name inspite of verbal requests to change the name. How do i tackle the issue of name shifting.? How dangerous is this?
b) There are rumours about road widening and all shops to be demolished. My question is in such case, whom will the compensation go to -the landlord or the tenant. And how do i protect my rights on the compensation.
Thanks in advance.
Sunil Kumar
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) on father death make written application to landlord to issue rent receipts in mother name

2) enclose affidavit of other legal heirs that they have no objection of rent receipts being issued in mother name

3) ) under section 15 (d) of Mahrashtra rent act your mother would be a deemed tenant . if landlord refuses to accept your mother as tenant you would need court orders to direct landlord to transfer tenancy rights in your mother favour

4) also kindly clarify on what basis you had given it on rent to third party .

5) please note that you need landlord consent to sub let the premises

6) on road widening compensation would be divided between landlord and tenant

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Make thew payments through cheque and inform him the death of your father through letter. This would impliedly mean that he has accepted you as tenant even after knowing about the death of your father.

2. Both the landlord and the tenant would get the compensation.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

however he issues receipt in your father's name but it shall be construed by the court under section 114 of evidence act that it has been issued in the name of person having possession over the property. pagdi does not confer title in the property but some portion of the compensation goes to the tenant because he is the real sufferer (k kushabhai vs comm. of ahmedabad 2011 scc 528).

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. The legal heirs of deceased tenant cannot occupy the rented property for more than 5 years as per tenancy protection act.

This is pagdi property hence your label as tenant remains to its definition.

You have to convince the landlord to transfer the tenancy rights to your mother's name by all other heirs readily giving NOC to this option.

2. The landlord or the owner only shall be compensated if the government acquires the land by demolition.

A tenant has no rights for any compensation.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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