• Adding name to tenancy of pagdi flat

My family had been living since the past 70 years.
the landlord of the house has passed away since 5-6 years and the building is under litigation with couple of relative fighting for the ownership of the building.

we have been paying the rent to the RENT CONTROL since the past 20 years since the landlord at that time refused to take the rent.

the rent receipt was in my father, mom ,and brother 's name.
my father passed away 10 years back, brother passed away this year 2020.
how do i protect my tenency rights over rhe flat after my mother.?
1) im getting the electic bill name changed to mine name. 
2)my permanent address has been addressed to my calcutta address only. 
3) I live in Mumbai since 15 years 

is adding the successor tranfer of tenancy in my mom's will be enough ? or I need to get some more document ready.
Asked 5 years ago in Property Law
Religion: Hindu

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23 Answers

It's enough and landlord Assistance is required for transfer by paying him 1/3 share amount of value

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

As per, Section 56 of the Rent Control Act, 1999, this consideration paid to the landlord as a premium, fine, or compensation (pagdi) was legalized. The act gives authorization for a tenant to get any amount in consideration of the rejection or transfer of his tenancy. The pagdi-kiraydar system assured the tenant that in spite of price inflation or other fluctuations, the rent paid by them would be minimal. 

 

You apply legal heirs of tenant and owner should transfer property on your name. You do keep rent in the court or at Rent controller office.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Under the WBPTA the tenancy in WB is inheritable to the legal heirs of original tenant. 

2. However such inheritance of tenancy is only for 5 years unless its found that the legal heirs were dependent upon the original tenant and ordinarily dependent upon him.

3. Since neither of the applies to you, I am afraid that after death of your mother you can not keep the tenancy beyond 5 years unless the landlord accepts you as a tenant. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

I have provide you direct law what say's. And You are thinking of landlord only , land lord do not have any legal heirs.  Like you are legal heirs of your parents ?

 

One who will become legal heirs of the Building he will issue you NOC to get transfer property on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

A substitution application must be filed in place of the deceased for substitution of your names in your father's name.

Also in the rent controller's office.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The relatives should not be approached. Approach the rent controller.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Apply to landlord for adding your name as tenant on father and brother demise 

 

2) on mother demise you would be deemed tenant 

 

3) if landlord refuses to transfer tenancy rights in your name file declaratory suit that you are tenant of said flat 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No worries and issues. 

You Please issue a notice to your all legal heirs of landlord intimating them to claim your rights over the property held by you for several years and inform them about the demise of your parents. 

You are entitled to get transferred tenancy rights in your name as per law.

You need a notice to serve upon all legal heirs of your landlord. You are safe.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You have to inform them as per the notice that you are legal heirs of your parents as per Hindu Succession Act 1956.


Rent receipts of landlords issued to your father is sufficient proof that you are tenants and legal heirs as per Rent Act.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. ONLY the residual legal heirs of original Tenants are entitled to have the Tenancy transferred in their names.

2. Apply to the Rent Control Board, with all relevant death certificates and your affidavit statement and request them to change the rent receipt in your names.  There is no requirement of NOC of any other legal heirs of parents. However IF deceased brother has Wife & Children, THEN their names too will have to be legally included in the rent receipt, without any exceptions, whatsoever....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

after demise of your mother, the tenancy will devolve on the family member who was living in the tenanted premises with the tenant mother at the time of her demise

thus the tenancy will be protected statutorily

how can you get the electric bill changed to your name? you will need NOC of the landlord. Presently you are not the tenant. Your mother is. 

if you intend to transfer the tenancy from your mother's name to your name then it will amount to a transfer of tenancy for which you will have to pay transfer fee to the landlord or deposit the same in court due to the ongoing litigation going on between the parties claiming ownership of the building.

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. You are tenant so you can't get the electricity connection on your name

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Upon the death of the tenant, the question arises of who shall inherit the tenancy rights of the tenanted premises? Which member of the family shall qualify as the successor to the tenancy rights?

Section 7 (15)(d) of the 1999 act states that a member of a tenant's family who has been residing with the deceased tenant at the time of his/her death shall qualify first from the family as the successor to inherit the tenancy.

From a reading of this section, it is clear that the right to tenancy on the death of a tenant is extended to the members of the family who were particularly participants in the benefits of the tenancy, and were residing with the deceased tenant in the tenanted premises, or continuously operating the premises for commercial purposes, as the case may be, often excluding legal heirs who would otherwise be entitled to the same. Only when such a member or members are not available, will other legal heirs come into the picture, and the court must then decide in such cases who is to be treated as the tenant.

Therefore, succession to tenancy rights under the 1999 act is a clear departure from the general rules of succession laws, as heirs who would normally qualify as successors under the succession laws may not qualify as heirs to the tenancy rights under the 1999 act.

You cannot transfer the tenancy rights from your mother to you during her lifetime.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You can remain in the same residence till your mother is alive.

After that you can seek for NOC to transfer the tenancy to your name, if they refuse you can approach court of law for getting the tenancy rights transferred to your name.

Succession in premises protected under the 1999 act can only be inherited by family members. The Bombay High Court, in the case of Jaysen Jayant Rele & Ors v Shantaram Ganpat Gujar & Ors (2002), held that the word “family” of the deceased tenant did not part with the ordinary meaning of the word “family” as held in common parlance, and included family as consisting of father, mother, sons, daughters and all such blood relations and other relations arising from lawful marriages.

Thus, succession to tenancy rights is based on possession and enjoyment of tenancy rights of a family member who has resided with the deceased tenant.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

- Since, the rent receipts are in the name of your father , mom and brother , then after submitting the same with death certificate of father & brother along-with the your address proof of that house in Calcutta ,  before the rent controller , you can add your name legally 

- Further you can issue a legal notice to the landlord , to attorn you tenant on the ground of inheritance right. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

you can file a case in the rent control court and seek direction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Please consult local lawyer who is more conversant with local laws.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir/Madam,

It is suggested that  the successor's transfer of tenancy on mother's will be enough, else you may file the suit for the same and get your name introduced in that. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

After the demise of your mother you will inherit it. No document as such is needed as of now. But always keep into the physical possession of the said property.

 

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

You need to get the tenancy rights transfer on your name by obtaining legal heir certificate of your father and brother (if unmarried). 

You should also take consent from your mother for adding your name as tenant.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Can you lay your hand on the tenancy agreement executed 70 years ago? If yes, then the terms of the tenancy shall have to be perused to advise properly.

 

2. However, after the demise of your mother, you shall have to continue to deposit the rent to the rent controller's office from your Kolkata Bank Account.

 

3. There should be no evidence in their hand proving that you do not ordinarily stay in Kolkata.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The rent receipt is not in your name.

 

2. However, you hall have to keep paying the rent and deposit before the Rent Controller as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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