Landlord cannot demand transfer fees of 30 per cent 

you can file suit before small causes court Bombay seek orders to direct landlord to transfer tenancy rights in favour of legal heirs 

enclose consent affidavit of your sister 

1. Legally, it cannot be refused. Joint ownership is perfectly legal.

2. Unless there is a provision for claiming it in any written agreement, transfer fee cannot be demanded as a matter of right. 

1. As the building is going for redevelopment, it hardly matters if the tenancy is transferred to 3 joint names. Had the building not being demolished for redevelopment, it could be understood that the landlord has a right to transfer the Tenancy to any one legal heir with whom the landlord would have to deal for ensuring that such legal heir complies with the tenancy terms. Even if the tenancy is transferred to 3 names there would be no difficulty for the landlord since if there was any breach of tenancy terms by any one from among the joint tenants, all of them would be liable for eviction. There is a Supreme Court judgment to that effect. So the landlord's requirement is not at all justified. 

2. The landlord's demand for transfer fee of 25-30% is completely illegal. As rightly said there is no transfer of tenancy to any incoming new tenant. This is mere transfer of name to the legal heir of the deceased tenant. It is very evident that greed has prevailed upon the landlord. He wants to extract whatever he can before the building is demolished for redevelopment. The landlord can charge transfer fee for name transfer to a legal heir but definitely not 25 to 30%. It ought to be some nominal amount. Also under the rent act the family members/legal heirs of the deceased tenant get statutory protection. They are entitled to succession of tenancy. 

At the time when your father died the Bombay rent act was applicable. As per that act any family member living with the tenant at the time of his death in the tenanted premises is entitled to be recognized as a successor tenant. Only if there is no such family member would the legal heir of the deceased tenant can claim tenancy. 

So you first need to ascertain who were living with your father in the premises when he died. Only those persons are entitled to succession of tenancy right. 

Also daughters of the tenant who marry and move to their matrimonial house lose their tenancy right. There are judgments to this effect. 

Now since the landlord is not effecting the tenancy transfer, MHADA will certify as 'eligible tenant' the child of the deceased brother who is in current occupation of the old premises. When the new flat is ready, it will be allotted to that child. Also the permanent accommodation agreement will also be registered in his name. 

If that child of your deceased brother  is on your side then I suggest that he, his mother and the 2 sisters can enter into a MOU in which it will be agreed that despite the child being recognized as a certified occupant by MHADA and despite PAAA being registered with him and the new flat allotted to him, the ultimate beneficiaries of the new flat will be his mother and the 2 paternal aunts. That child will then execute and register a gift deed in favour of his mother and the 2 paternal aunts such that each would have 33% undivided share in the new flat. Also take a POA from that child using which in future the said gift deeds can be registered on his behalf. 

It should also be agreed that any rent which the builder pays pending the allotment of the new flat will also be shared between the mother and 2 paternal aunts and the child will only collect that rent as a trustee for them. 

This should solve your problem and also obviate the need to pay any transfer fee to the landlord. That greedy landlord could have got something (if not 25 or 30%) towards transfer fee. But since he is acting smart then he would do so at his own peril. 

Law: Under Section 7 (15) (d) of Maharashtra Rent Control Act, 1999 after a tenant dies any member of family residing in rented premises becomes legal tenant. Where there are more than one family member, all by consent of each other will become joint tenant. There is no fee prescribed  for transfer of tenancy to family members of deceased tenant.

Advice: issue a lawyer's notice  to landlord  seeking transfer to tenancy in the name of willing family members. After that file case in City Small Causes Court, Mumbai. Court will issue direction to landlord  to take steps for transfer of tenancy as demanded.

1.  The landlord can very well refuse to transfer the tenancy rights to the legal heirs and even may initiate steps for eviction.

This is a pagdi system premises, hence you along with all other legal heirs can issue a joint legal notice to the landlord to transfer the tenancy rights to one of the persons chosen among yourselves on the basis of NOC given by all other legal heirs of the deceased tenant

2. If the landlord still refuses and demands an exorbitant amount, you may very well file an injunction suit agaisnt the landlord  and also to restrain him from going ahead with the redevelopment program before settling your issue.

You can consult a local advocate and take legal steps if that becomes necessary after the compromise talks with the landlord fails.

A landlord cannot refuse to transfer. A property can be transferred in whichever names.
and lawyer will not demand 25 % fee but the basic fee which will be levied while transferring the property since is a legal heir property.

- As per the Maharashtra Rent Control Act, upon the death of a 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.

- Further, the permission of all the legal heirs are not needed for transferring the ownership of the said flat. 

1. Since , all the legal heirs were not living in the premises , then the landlord can refuse to transfer in 3 names , and the child who was staying the premises is entitled for transfer. 

2. No.  you can file a complaint before the court against the said demand of the landlord. 

1. Neither the landlord refuse to transfer the tenancy right in favour of the legal heirs of the original tenant being your father nor can he/she demand any transfer fee in this regard.

2. File a Declaratory Suit against the landlord praying for a declaration that all the legal heirs of your deceased father have inherited the tenancy right of the said premises.

Yes he can demand money for the same it's legal. He can transfer in 2 names it there were co- tenants else only one name