My father owns a property in Mumbai which was under pagdi system. He expired around 3 months back. We wish to transfer the property in the name of my mother. When we approached the landlord for the same, he said that we need to pay a fees of approx 2 lakhs for the transfer the tenancy rights to my mom. Could you please let me know whether is this fees is applicable or not under the padgi system rules.
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1. The Transfer of Tenancy rights, is at the "SOLE" discretion of the Landlord, for which he can demand at his whims and fancies.
2. Here the tenant usually has no option left, except to get an order from the civil court, which in turn takes several years and the legal expenses come around the same. Hence negotiate and settle amicably.
No, it's not applicable because its legal heirship transfer and not sale deed. Kindly tell owner the right has been inherited and not transfer by sale deed.
Don't pay him single penny, if you are staying there and has possession on the room, under section 15 d) on the death of the tenant, the members of the tenant's family legal heirs can inherit the room on their name. If owner still do not listen to you, than you can file declaratory suit against him.
Declaratory Suit. Details. A suit in which the plaintiff requires the court to declare some right as existing in his favour. Under section 42 of the Specific Relief Act a case will lie when the plaintiff proves that he is entitled to a legal character or right and the defendant is denying such legal character or right.
On father demise your mother and you are deemed tenants
2) if landlord refuses to transfer tenancy rights you can file declaratory suit that you are tenants of property
3) amicable settlement is best option
You can approach a Court to transfer the rent receipt to your mother name.
The demand of landlord is not reasonable.
You should approach court for mandatory injunction against landlord for transfer of tenancy rights to name of your mother.
Yes it is applicable
But it is not stated expressly in any law
But by custom it is applicable
Though landlord in case of transfer of tenancy by inheritance cannot charge the usual 33% which is normally charged for a new transfer
Transfer fee is not applicable on transfer of Pagdi in case of demise of the tenant. The landlord has to transfer the rent receipts without any extra cost.
Nothing is payable. Padgi system survives by successor ship. Tenancy transfer to mother already, just give him writing to issue rent receipt in mother name now.
If he do not, no worries to you.
- Tenancy rights are inheritable by the legal heirs of the tenant.
- Hence , as per law, after the death of your father , mother can inherit the same .
- Further, you can not force the landlor to transfer the tenancy right in the name of all the heirs , as the landlord can issue rent receipt in favour of anyone of the heirs.
- If, the landlord refused and ask for transfer money, then you should file a suit for Decleration and Injunction before the court.
- Court will firstly pass restrationed order for taking forcible possesson from you , till the time of finalization of the Decleraion suit.
Their is no transfer fee in case of transfer from husband to wife.
Still, you may enquire the same with some local advocate.
Regards
Yes it includes 33 percent to landlord
Since your mother had been staying in the same house at the time of your father's death she will be deemed as tenant especially if other legal heirs of your deceased father have expressed No objection to transfer the tenancy rights to your mother.
If the landlord refuses to transfer the rent receipt to your mother's name then you can move the small cause court in Mumbai for relief and remedy.
Transfer fee is not applicable on transfer of Pagdi in case of demise of the tenant.
The landlord has to transfer the rent receipts without any extra cost. Nothing is payable.
Padgi system survives by successor ship.
