Dear Client,

Your position is safe till rent is not defaulted. Under pagdi system, tenancy is successive.

pujari's authority ceased when the trust was dissolved

the pujari was acting and collecting rent at the behest of the trust which was the landlord

you need to check to whom the property has gone after dissolution of the trust

has the property reverted to the settlor of the trust or his legal heirs or to the beneficiaries of the trust

you can seek these clarifications from the pujari's son who is collecting rent

if he does not give you the information, you can tell him that until such information is disclosed, you will deposit the rent in a separate bank account and the funds will be released to the person entitled to receive and collect rent 

if the pujari's son threatens to initiate an eviction case against you for non payment of rent, you can always deposit the rent arrears in court and therefore this ground will no longer be available to the plaintiff for your eviction 

1) on pujari death did the trustees appoint him as caretaker 

2) if not he has no authority to collect rent and issue rent receipts 

3) ask the son to furnish his appointment letter as caretaker 

Rent receipt should mention for abd on behalf of trust and pujari signature as caretaker 

Section73 of Indian trust act provides 

appointed a trustee disclaims, or any trustee, either original or substituted, dies, or is for a continuous period of six months absent from 3[India], or leaves 3[India] for the purpose of residing abroad, or is declared an insolvent, or desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal civil court of original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new trustee may be appointed in his place by-

(a) the person nominated for that purpose by the instrument of trust (if any), or

(b) if there be no such person, or no such person able and willing to act, the author of the trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee for the time being, or legal representative of the last surviving and continuing trustee, or (with the consent of the court) the retiring trustees, if they all retire simultaneously, or (with the like consent) the last retiring trustee.

Every such appointment shall be by writing under the hands of the person making it. On an appointment of a new trustee the number of trustees may be increased.

The Official Trustee may, with his consent and by the order of the court, be appointed under this section, in any case in which only one trustee is to be appointed and such trustee is to be the sole trustee.

The provisions of this section relative to a trustee who is dead include the case of a person nominated trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing or retiring trustee if willing to act in the execution of the power.

If legally he appointed as a care taker then you have to pay rent. 

If not then he don't have authority to issue receipt on your name and collect the rent. 

1) tenancy rights are inheritable 

2) legal heir is considered as deemed tenant 

3) if landlord refuses to transfer rent receipt court orders are necessary for declaration that you are tenant 

4) landlord would take some consideration for transfer of tenancy rights 

Dear Sir,

My answers are as follows:

1) Are tenancy rights heritable under pagdee system?
Ans: Yes, such rights are heritable


2) Is the legal heir considered a deemed tenant under pagdee system? 
Ans; Yes, the legal heir alwayes deemed to be tenant

3) Can landlord be forced to transfer the rent receipt in the name of son of tenant or an order for transfer of name in the rent receipt is essential?

Ans: Since your father is died, the landlord has to issue rent receipt in your name since he cannot issue in the name of dead person.
4) Are any charges prescribed for transfer of tenancy rights?
Ans: It is amicable settlement but normally there cannot any such charges.


You are advised to bring a suit against land lord not to disturb your possession or tenancy except in due process of law. When the landlord approach the court as defendant then he has to establish his legal rights to claim rent. 

If the pujaris son is your landlord then you need have to give her the rent. Not giving rent will not help you in any manner. But before that you need to ensure that he is in legitimate position to take rent from you.

If the trust is no more existing and has been dissolved, then the caretaker has no role to play in the trust nor he can collect the rent on behalf of the non-existing trust.

You can stop paying the rent, let him file an eviction suit which can be challenged on the basis of his proprietorship or authority.

He is not authorised to issue rent receipts because he is a self styled caretaker and has no rights inherited towards the properties coming under the temple trust.

If the trust is no existing anymore then his caretaker job itself is infructuous, he cannot be a caretaker for a non-existing trust.

His position can be challenged in court of  law.

1.  No, they are not inheritable.

2.   No, not legally.

3. The landlord cannot be forced by the tenant s per law, however practically the situation is different especially in cities like Mumbai.

4. Nothing legally.

1. Yes

2. Yes

3. If landlord agrees then good. You will have to submit necessary documents for the transfer. If he does not agree then you will have to file a declaratory suit in court

4. Yes, it depends on the landlord

Yes

Yes

Yes

No.

1. IF the property belonged to the Trust and if the Trust is dissolved /defunct due to ANY reason, THEN the property would be automatically become vested with the district charity commissioner and only he would have legal right to deal with the tenants.

2. In the case instant, the Pujari is a legal nobody to deal with the property or the tenant. It would be illegal and breach of trust & cheating & misrepresentation & fraud.

Keep Smiling .... Hemant Agarwal

1.  Tenancy Rights can be given away via a proper WILL.  Tenancy Rights are NOT equal to Title-Ownership.

2.  However the same should be acceptable on record of the land lord.