1) it can be transferred in name of both legal heirs
2) if landlord refuses to transfer tenancy rights you will have to file suit before small causes court to claim tenancy rights
3) mere NOC would not relinquish your rights in the property
Transfer of tenancy to married daughters under Pagdi syatem
Dear sir, Seek your advice on the following: My mother staying in a Pagdi system in Mumbai expired recently. Myself and my sister are married and living with our husband. Landlord is ready to transfer the property but only to one of the legal heirs. Also seeks NOC from one of the sisters My question is 1. Can the rights not be transferred to both of us legally speaking? 2. Since both of us were married and were not staying with our mother during her death, can the landlord refuses to transfer to either of us. Do we have the risk of loosing our rights. 3 In case where it needs to be transferred to either one of us, how can the rights be protected of the one giving NOC to other. Thanks in advance
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
1.The landlord is not right. On death of the original tenant the right of tenancy devolves upon all her legal heirs which include both of you in this case. So refuse such demand of the landlord.
2. No,your marital status or not staying in the proeprty is no issue in getting tenancy rights of inheritance.
3. So do not ponder over NOC anymore and insist in tenancy on both of your names unless any of you are voluntarily ready to relinquish your right.
Hi, he can transfer the right to one of you .. And later you can transfer half of your share to your sister through gift deed
1. This is a tenancy arrangement for which it is to be transferred top one legal heir of the deceased tenant (under pagdi system).
2. This is a tenancy arrangement and there is no bar as per law in transferring the tenancy right to all the legal heirs of the deceased tenant However, for operational convenience, the land lord will ask for only one tenant to step in to the shoes of the deceased tenant.
3. If you give NOC to your other sister to solely inherit the tenancy right from your deceased mother then you shall have no further right on the tenancy of the said premises.
1. The landlord if refuses to transfer the tenancy rights to both of you since you both are living separately away from this property, you cannot claim tenancy rights
2. You are exposed to the risk of losing your rights if you both are not arriving at a better and amicable solution to this.
3. If the other heir is relinquishing her rights by giving a notarised NOC, that will take cae of the interests to the current legal heir.
