You can transfer the same after submitting the death certificate to landlord. After the transfer the rent receipt will be on your name. If landlord not co-operating you need to approach court for the same
Tenancy rights
I am a male, 59 years old. My mother passed away recently without a will. She was/is a tenent in a flat since 1981. Earlier my father was the tenent since 1956 and the tenency was transferred to my mother after he passed away in 1981. It is a pagdi system building. I have been living in this flat since my birth (1961). What is legally required to transfer the tenency in my name? I have 3 sisters who are willing to sign a no objection affidavit Do I need to get a succession certificate ? Or is the no objection certificate sufficient? What are my legal rights?
Asked 5 years ago in Property Law
Religion: Hindu
16 Answers
The tenancy right devolves on you as a family member of the tenant since you were residing with tenant in the tenanted premises at the time of her demise
So you have automatically under law become the tenant
If you wish to have the rent receipt transferred to your name, you can submit the NOCs of your sisters (which is per se not needed as they come under the class of legal heirs and NOT family member living with the tenant at the time of demise to whom the tenancy goes as per law) to the landlord, just so that no dispute is raised by the daughters in future.
The landlord may also ask you to issue a public notice in local newspapers calling for objections against tenancy transfer to your name and he may also charge you some transfer fee (however not such transfer fee when the tenancy premises are transferred to a third party)
You are otherwise well protected under the rent control act
Approach landlord to transfer tenancy rights in your name
2) enclose death certificate of your mother
3) affidavit by your sisters that they don’t have any objections for transfer of tenancy rights
1. Since tenancy is heritable you can apply for transfer of tenancy in your name on the basis of NOC of your sisters.
2. To claim tenancy Succession certificate can not be applied for.
3. So on the strength of the NOC you can send a letter of attornent to the landlord claiming tenancy in your name.
The pagdi system was legalised by the Maharashtra Rent Control Act, 1999. Generally, upon the death of a pagdi tenant, the tenancy rights are transferred to the legal heir/s who were living in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s.
You can take NOC from your sisters and ask further to Owner change rent receipt on your name
Yes, you need a succession certificate and also inform the landlord to issue receipts on your name.
1. You may ask the landlord to transfer the tenancy and rent receipts in your favour. You may get a legal heir certificate from local Revenue authority and along with NOC of sister you may provide the same to the landlord for the transfer.
No objection Certificate will suffice.
The NOC by your siblings would be sufficient to get the tenancy rights transferred to your name from your mother's name.
You can ask the landlord to transfer the same on the basis of death certificate and NOC from your siblings.
Simply by transferring the tenancy rights does not give you the ownership of the property in case the property goes in redevelopment then definitely your no objection certificate will be required and you will have the tendency right until it is suspended by the landlord.
1. A registered "Release Deed" (Stamp duty: 200/- and Registration fees 200/-) can be executed mutually & jointly wherein ALL the sister's can sign as "Confirming & Consenting Parties", to release /relinquish their right perpetually in your favor without any monetary consideration. This Deed shall be legally Final, Irrefutable and non-Challenge'ble for any futuristic probable legal disputes.
2. NOC or Succession Certificate is not applicable in this case.
3. Submit Notarized True Copy of Release Deed to Landlord to change the Tenancy Agreement or Rent Receipt in your name.
- As per the Maharashtra Rent Control Act,, upon the death of a pagdi tenant, the tenancy rights are transferred to the legal heir/s who were living in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s.
- Since, you living in the flat since your birth , then legally the tenancy will be transferred in your name , after submitting proof of your occupation in the said flat to the landowner .
- Further , as your sisters are ready to sign in the no objection certificate , then there is no requirement of Succession Certificate , and further if they are not living in that flat then also not required.
- Legally you have right to transfer the Pagdi in your name.
Rent receipt.
Get the NOC from them.
NO, NOC is suffice
Padgi will survive with you. No ownership right.
No you don't require succession certificate for transfer of property on your name but legal heirs certificate and NOC from your sisters are required for transfer of tenancy on your name.
You can transfer in your name, you need death certificate of your mother and NOC Affidavit from heirs.
You need to transfer the tenancy in your name. Obtain a noc from your sisters and a succession certificate and deposit it with the rent controller.
