• Succession laws in Pagri system

Right now i along with my mother am residing in a flat in mumbai which was brought by my father on pagree. The rent receipts were in his name. My father expired 1 month back. We are two brothers one sister (married 2000). The rent receipt still remains in my fathers name. As the property is going for redevelopment my sister is asking for her equal share in property. I have offered money to my brother for his share and he has accepted . I intend to keep the flat in my mothers and my name but my sister is making unreasonable demands. Kindly advice if i put my mothers and my name in the rent receipt and get my brothers noc for same. Will there be problem during redevelopment process. My sister is not giving noc and using this to stop the whole process.
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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12 Answers

Going through the defination of the tenant under Maharastra Rent control and The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and other applicable.act it is.clear that your sister doesn't have any right and she cannot claim any right over it. Since the tenancy is not ownership.that all legal heirs get there share it is for person who.resides there ordinarily so you and your mother can seek transfer of tenancy by paying requisite fees your sister doesn't have any claim on it.the defination of tenant is similar under Maharastra rent control act and The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 is similar and under both your sister have no.claim only.those heirs of deceased at that particular time ordinarily residing with the deceased shall have claim.

Please refer 15 (d) as mentioned below.

15) "tenant" means any person by whom or on whose account rent is payable for any premises and includes,-

(a) such person,-

(i) who is a tenant, or

(ii) who is a deemed tenant, or

(iii) who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or

(iv) who has derived title under a tenant, or

(v) to whom interest in premises has been assigned or transferred as permitted, by virtue of, or under the provisions of, any of the repealed Acts;

(b) a person who is deemed to be a tenant under section 25;

(c) a person to whom interest in premises has been assigned or transferred as permitted under section 26;

(d) in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of this Act, any member of the tenant's family, who,-

(i) where they are let for residence, is residing, or

(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you approach landlord for transfer tenancy rights of flat in your mother name and your name

2)since your mother , you and your brother were staying in said flat landlord should transfer rent rent receipt in your names on receipt of NOC from your brother

3) in case landlord insists on NOC from sister and she refuses to give NOC tenancy rights would not be transferred in your names

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

You can do the following:

1. The legal heir who was living in the flat at the time of your father's death is entitled to have his name on the rent receipts;

2. Also who has been paying the rent receipts till now? That person is the legal owner of it;

3. Get the NOC from all other legal heirs and you can go ahead with the redevelopment process;

4. Also, speak to the landlord to enter into a separate agreement making you the owner and the rent will be paid by you;

5. You can issue a legal notice to your sister stating that, she has no claim over the flat.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Did your married sister move out to her matrimonial house before the demise of your father?

2. Was your married sister living in the pagree flat at the time of death of your father?

3. If answer to above questions is yes, then legally she does not have any right in tenanted flat

4. If you, your brother and mom were living in the pagree flat at the time of death of your father, then by law you all have become deemed joint tenants

5. So yes you can have the rent receipt transferred to your and your mom's name. The landlord will demand a transfer fee for the same. Also he will ask for noc of your brother and sister who are also legal heirs of your late father.

6. Now your brother will give noc. So thats fine. There will be problem since your married sister is refusing to give noc.

7. But you will have to convince the landlord that she already moved from the pagree flat to her matrimonial home before your father's demise and thus she cannot claim any tenancy right.

8. You can offer to make a separate indemnity bond in favour of your landlord stating that if in future any claim or dispute is raised by your married sister against transfer of rent receipt to your and your mom's name then you will protect the landlord from any legal action by your sister.

9. Technically if your sister claims that she has right in the flat then she will have to file a declaratory suit in small causes court for declaring her as a joint tenant. She will eventually fail in that suit since she is already married and was not living in the pagree flat when your father died in that premises. So by definition given under rent act, she is not a deemed tenant. Do check the definition of tenant in rent act. Ask your lawyer. It's very clear. Only those family members who were living in tenanted premises at the time of demise of the tenant, become deemed joint tenants of the premises.

10. This is not an ownership flat in which your sister can lay a claim for her share.

11. So kindly check that and do come back with follow up queries.

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Until there`s no partition, sister claim is restricted up to residence. rent receipt can be transfer in the name of mother. And to acquire ownership in the property, sister share should be release so as brother is releasing.

She has 1/4th share in property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Builder will ask for her NOC.

She is entitle in new developed property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your sister is entitled to share in flat in redeveloped property

2) her noc would be required

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. her noc is actually not required. but landlord will insist for his protection

2. if you do not get the rent receipt transferred to your and your mom name now then when you are allotted the new flat in the redeveloped building, then your married sister will automatically get a share in ownership flat because the relationship of tenancy will be no more existing between your landlord and late father

3. further the landlord will have to sign a permanent alternate accommodation agreement for allotment of new flat to you. In that since the rent receipt will not have been transferred then, the landlord will include all the legal heirs in the agreement which will give a right to your married sister in the new flat

4. so if you get the rent receipt transferred now, then your sister claiming in the new flat will be ruled out, unless she files a declaratory suit in small causes court, which she ofcourse has to prove to court that she is entitled to tenancy

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Though once the transfer is done her noc is not required as she is not tenant but the landlord may ask to save litigation.

No she is not entitled if the tenancy is transferred on your mother and your name if it is not then her noc is also required and she will also put up a claim.

So get tenancy transferred in your mother and your name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your question: Is her noc required?

Answer: You should try to obtain NOC from all your sister and other surviving legal heirs to transfer the said room in your name otherwise any future legal dispute may arise;

Your question: Is she entitled to a share in the new developed property.

Answer: She may try to claim it. So it is better you try to obtain an NOC from her asap. Otherwise if she attempts to file a case, you can file a caveat in court for your protection.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You may have to obtain NOC from your sister also because she is also one of the legal heirs of your deceased father.

You may negotiate the bargained offer and try to settle the issue amicably or else the landlord and the builder will try to take advantage of this weak situation resulting into heavy or total loss.

You may have to keep running between court and house for a solution through court if there is no amicability within your family members on this.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

From what i can make out from all above is would not be a problem for transferring rent receipt to mothers and my name but what happens when we go for redevelopment of the building. 1. Is her noc required 2. Is she entitled to a share in the new developed property.

Under the normal circumstances the transfer of rental receipts to your name or your mother's name would have been cumbersome process since it involves lot of money transaction, however since the building is going for redevelopment, you have an advantage to acquire the property without mush difficulty but her signature or NOC is essential since she is also entitled top a share in it.

Look for easy solutions when the matter is simple or if allowed to develop, it may become more and more complicated.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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