• Family's right to property if tenant dies

Hello my family moved in as tenant in the year 1975 and since then have been living in the same flat, the flat that we live in has been rented out to us under Pagdi system

The flat agreement is in my grandmother's name, so basically she is the legal tenant of the flat

I wish to know in the event of my grandmother's death, do we again need to purchase the property or pay 33% of the property's current value to our landlord just so that we can continue living in that same flat as tenants under Pagdi system?

We don't wish to sell the property nor are we trying to sell it, but we cannot afford to repurchase the property just to transfer the flat from my grandmother to my father's name

Will the landlord forcefully remove us if we fail to repurchase the property or if we fail to pay him 33% of the current property value?

Will we face any kind of problem from the landlord regarding transferring the property to my father if my grandmother passes away?

Our concern is simple can we continue to live in the same flat as tenants(under Pagdi system) even after my grandmother passes away?

Can she not transfer the property to my father without having to either repurchase the property or without having to pay the landlord 33% of current property value?


Please help us as we are not sure what are rights are as tenants under Pagdi system, we are really worried that we might become homeless after my grandmother's death if we do not sell the property before her death


Thank you for your help in advance
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
You cannot transfer the tenacy to your father without the consent of the landlord.

You can continue your residence unless you are evicted. For such eviction the Landlord needs to file a eviction suit, Till he serves you with a notice of eviction you need not worry. If such notice is served please consult a lawyer with the previous agreement and the notice and ensure a reply to such notice asserting your rights. 

Under the pagdi system you have to give 33 % of the sale value to your landlord if you choose to alienate the property to a third party. However residence does not have much bearing.

At the time of death the legal heirs who had been residing with the deceased have a right to fresh tenancy agreement however the rent might change in the new agreement.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1) it is not necessary for you to sell your grand mother tenancy flat before her death 

2) in the event you sell it during her lifetime landlord will take 33 %of sale proceeds . 


3)our father  was residing in the said flat at the time of the death of your grandmother , then your father would be  entitled to the tenancy right. Under the law, whosoever was residing with your grandmother  at the time of his death would get the tenancy rights 

4) the landlord would transfer rent receipt in name of your father 

5) landlord cannot forcibly remove your father from said flat 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) under section 15 (d) of  Mahrashtra rent act your father would be a   deemed tenant . if landlord refuses to  accept   your father  as tenant you would need court orders to direct landlord to transfer   tenancy rights   in your father favour

2) landlord cannot force your family to move out on demise of your grand mother 

3) landlord cannot force you to pay 33%for transfer of tenancy rights 

4) your grand mother can make application to landlord to transfer tenancy rights in favour of your father . but he may demand his pound of flesh  for transfer from grand mother to your father during grand mother lifetime 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. By paying Pagdi, one does not own a property,

2. Your grandmother is a tenant only even if she hs paid the Pagdi,

3. After te demise of your grandmother, your father steps into her shoes as the tenat by inherting the tenancy from her and also for continuing to stay with her in the said house for years,

4. After her demise, your father shall have to write to the landlord irging him/her to change the name of the tenant in his name and issue rent recipt in his name,

5. Your father won't have to pay any further pagdi to the landlord,

6. in cae the landlord, acts llegally, lodge a police complaint accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0
1. The landlord cannot force you to move out. If he has to evict you then he has to file a petition for your eviction in the court which will give you sufficient opportunity to rebut his case.

2. The land lord has misled you by saying that you need to pay 33% of the market value of the property to have the name transferred.The transfer charges are very nominal., 

3. The amount equivalent to 33% of the market value of the property is required to be aid by you only in the event you propose to sell the property and not otherwise. 
 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1. If the landlord attempts to evict you from the property without any orders from the court then you may immediately seek a stay order from the court. 

2. If he demands 33% of the market value of the property then issue him a legal notice through your lawyer and refuse to pay the amount so demanded. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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