• Transfer of tenancy right of Pagdi property

Is the landlord right to demand money to transfer tenancy rights of a property from Father to Son.
Asked 6 years ago in Property Law
Religion: Buddhist

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11 Answers

1) if father wants to transfer tenancy rights during his lifetime then landlord would demand consideration for transfer of tenancy rights 

 

2) on father demise landlord cannot demand money for transfer of tenancy rights in name of your mother , you and your siblings residing in said premises 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

If tenancy is transferred in life of father the land lord can demand some reasonable amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can continue to stay there but without landlord consent the tenancy can't be transferred in your name.

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

The landlord cannot demand money to transfer tenancy rights. A new agreement has to be made with you wherein tenancy rights would be transferred.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) No, If father is deceased and the property needs to get transfer on son name its not require as per pagdi act.only the NOC is require is tenant is selling the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The right of tenancy devolves on death of the original tenant from father to son.

So to do this the legal heir of the original tenant need not make any payment.

So the son can refuse to make such payment . However to cut short the matter and to avoid the legal hassle the son can make the payment if the amount is not big and get a rent receipt in his name.

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1.  Logically the landlord does not derive any right to demand any transfer fee, to transfer tenancy rights amongst family /blood relations.

2.  However, landlord being the landlord, has the last & final word in such matters, which is best to be settled amicably, since court disputes would consume lots of money and time, besides souring up relations.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1.landlord cannot demand money for transfer of tenancy.

2.He is bound to issue receipt in favour of any one of the heirs amongst all the heir as may be decided by an agreement them. if landlord refuses to transfer rent receipt you have to move small cause court  for necessary reliefs. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The landlord will charge transfer fee for any such transfer of  tenancy rights.

The latest  law itself is clear about it

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

yes landlord is entitled

but not at the rate of 33% which is charged for a new tenancy transfer, ie transfer in favour of a third party

for blood relation transfer, landlord can charge below 33% and this figure needs to be negotiated between the parties

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

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