Landlord can transfer shop in name of both the tenants
2) landlord can issue rent receipts in name of both sons
3) no need to enter into registered agreement
Transmission of tittle in pagdi system
My Father has a shop in Mumbai. Building is old and it is in PAGADI system. In February 2022, my father passed away. We approached the land lord for transmission of title from my father to both the son and she demanded some transfer fee. Landlord stated following procedure: 1. Change in title of rent receipt 2. Change in title in old custom house. (payment of registration charges ,property tax etc..) My questions : 1. Can landlord transfer the shop in the name of both the son together? 2. Landlord says that registration must be done at old custom house , is it true. 3. If it is true ,what are the charges to be paid.
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
1. Rent receipt in favour of successor can be issued. She can make the 2 sons as joint tenants.
2. Not at all required. Transmission happens automatically by law. This is not creation of any new tenancy that a registration would be required for it. Why to unnecessarily waste money on stamp duty registration fee and agent charges
3. Only transfer fee to the landlord. There is no fixed amount under the law. You have to negotiate hard with her
- As per law, after the demise of your father , you both can be attorn the tenant of the said shop , and hence
1. The landlord can transfer the shop in the name of both the sons
2. Registration is not mandatory , if the landlord is agree to issue rent receipt in both names
3. However , you can register the same after paying the stamp duty as required in Maharashtra.
1. The tenancy rights is not inheritable, however if there is no dispute between the sone or among the other legal heirs in this regard, then the landlord can be requested for proper transfer accordingly.
2. Registration is mandatory.
3. You can refer to the ready reckoner for the stamp duty and registration charges.
Landlord is insisting on registration at Old Custom House as the name registered at old custom house office is of my Late Grand Father. Landlord is saying if we do not opt for registration than in rent receipt also she will not change name. If we go ahead and say Yes for registration at old custom house. 1. What is the process to be followed in Old custom house. What are the document required for transmission of name. 2. Is this a lengthy procedure ? 3. Any Drawback and benefit of registration?
Asked 3 years ago
Ask her to furnish copy of rental agreement she wants to register
get agreement vetted by local lawyer
it is not lengthy procedure
1. It is nothing but the registration of the rental agreement afresh to the current tenants name.
Once the rental agreement is registered to your names, then you can get the rental receipts also to your names accordinlgy.
2. It should not be
3. It will be a drawback if you don't get it registered.
It's changing your name in the records through submiting the death certificate in rent records.
- As per law, even without registration , the landlord can change the name in the rent receipt
- However a registration of the agreement is a better option even for you , and it will not take much time