First, the Pagdi room is in the name of Grandmother. It needs to be transferred to your name, so check the live legal heirs for your grandma and take the NOC from all those legal heirs. 

Produce all the rent receipts from 1971 and the agreement between your grandma and the owner of the room to transfer your name.

If its society is formed, then go as per the MCS Act.

if landlord is refusing to transfer tenancy in your name approach small causes court for necessary reliefs 

2) agreement is valid 

3) change name for electricity and ors in your name 

4) on redevelopment you should get ownership rights of flat  

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.

The Maharashtra Rent Control Act stipulates that family members of a deceased Pagdi tenant who resided with them at the time of death are eligible successors to continue the tenancy, underscoring the importance of proper documentation and evidence.

As you have the copy of the agreement entered by your grandmother and you all have been living in the same proeprty ever since her lifetime, you can very well claim the rights in the redeveloped property. 

You can have the utility bills and other proofs to establish your residence in that property on your name additionally to claim the benefits.

I take it that the tenancy stood in the name of your GM

After her demise the tenancy would devolve on the family member who was living with the tenant at the time of her demise - see section 7(15)(d) of Maharashtra rent control act 

That family member I assume was your late father and after him you are claiming the tenancy as his legal heir 

So you become a statutory tenant under the above provision of the rent act 

If you have paid the rent to the landlord and he is refusing to accept or having accepted the same , he has not issued the rent receipt, then you are not at fault 

You still have the protection of the rent law 

Also under the rent act not issuing the rent receipt is made an offence 

You need not transfer any documents to your name. Whatever existing documents you have and the documents that stand in the name of the original tenant , would suffice 

However as rightly apprehended by you the landlord may intentionally create complications by requiring you to get the noc of your aunt and uncle who are the other heirs of your GM who was the original tenant. 

However if they are ok and consenting then you can always take their consent affidavit for record for submission to the landlord or any other authority 

I don't know under which regulation of the DCPR 2034 the property can be taken up for redevelopment since its held by two entities,  the land is owned by the landlord and the flats in the building are owned by the individual tenants (except you) who seem to have formed a society 

However whenever such redevelopment takes place you will get the benefit of the redevelopment in the form of the new rehab  premises in lieu of the old premises held by you at present 

Just because you do not have ownership right over the flat and still hold tenancy rights,  would not mean that you will be denied the redevelopment benefit 

You should continue paying the rent to the landlord , even if he refuses and does not issue any receipt 

You can write the amount and month on the covering letter that you would send to the landlord which will  be an evidence that you regularly pay the rent. If you want to make payment by UPI ensure that the amount is credited to the correct account standing in the landlord's name. Otherwise you can continue issuing cheque or a DD (for consolidated rent of several months together , say for a year) which is also sufficient. Cheque has a validity period , however when you make a DD the amount would be debited right away to your account. So it's a good thing that you issue DD to the landlord towards rent. 

If you want to have the fair rent determined then you cannot do it yourself 

You will have to file an application in the small causes court which is known as a RAN application 

The court will then decide the standard rent as per law

You can, till the above application is finally decided by the court,  deposit the present rent in court on a without prejudice basis and if the standard rent so determined by the court is less than what you have paid, you will be given a credit for the differential amount by the court 

There is no problem if the tenants acquire ownership rights of the landlord as regards their respective tenements and form a society. It is for the society to then take legal steps for transfer of land ownership from the landlord to society 

You cannot decide on rent by yourself 

you are at liberty to deposit rentals in court 

Dear Client,

First, despite the absence of a current Pagdi tenancy agreement, you may still have rights under the original 1974 agreement. Legal action could be necessary to enforce your tenancy and ensure fair treatment during redevelopment. Updating documents from your deceased grandmother’s name to yours is advisable to avoid complications. Bank transactions showing rent payments can be proof if the landlord refuses to provide receipts. Society's registration might be questionable without land ownership transfer, which would affect redevelopment. It's crucial to consult with a lawyer to navigate these issues and protect your rights.

Fair Rent, which has different interpretations in different states, deals with the subject of rent that is fair between a landlord and tenant in a particular state.

It should be within the range of 8% to 10% of the property value, including construction costs and fixtures. Tenants can approach the court if they feel the rent exceeds this value. 

No doubt you cannot fix the rent on your own even if you name it as fair rent, the process of law is to be adopted.

If the landlord is not accepting the rental amount you can adopt the legally valid method to send the rental amount to his account, and if that also fails then you can approach court with an application to permit you to deposit the rent in the court.

-  As per law, the tenant is a co-owner of the property who enjoys all the rights of an owner like selling or sub-letting the property in the pagdi rental system.

- Further, under the pagdi system, the tenant has certain rights over the property but not over the land. 

- Further, the pagdi system was legalized 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.

- Hence, after the death you should inform the landowner for transferring the tenancy in your name 

- Further , the landowner/builder cannot refuse to allot you with new units during redevelopment.

You cannot apply online 

you will have to contact local lawyer practising in small causes court 

litigation in s long drawn process and it may take the me to get court orders 

no harm in transferring electric and gas bills 

- You can engage a local lawyer for filing and contesting the case in small causes Court. 

- You can consider the rent amount which was being paid by your deceased father. 

- Yes, you can deposit the rent in the Court 

- Yes, you can file the petition online , however you should submit the hard copy before the Court on the first hearing 

- Yes, the landlord can file appeal against the order of the Court , if he will not satisfied from the judgment. 

- You can send the rent amount paid by your father with the notice 

- Yes, you can keep the bill in their name , and only after the attornments you as tenant , you can apply for transfer in your name. 

Procedure:

Draft an application stating the purpose to ascertain the rental amount as per the pagdi system it should include the details of the property, landloard and other documents

Submit the application and pay a nominal fees

The court will then provide a hearing date and both the parties will be notified

Attend the court proceedings with evidence

The court will give the judgment

To deposit the rent into the court, draft an application stating that the landlord has refused to accept the rent, an you wish to deposit it in court.

Submit the application to the small causes court

The court will then review the application

Follow the court instructions to deposit the rent

Online application: Currently most procedures for small causes court are done in person

Time taken: The time taken to receive a judgement can vary depending on the complexity of the case.

Appeal : Yes, the landlord can appeal against the courts decision in a higher court if they are not satisfied with the judgement.

Sending a letter by post to request the latest rental amount is the ideal step.

Keeping the electric and gas bills under your late grandmother’s name may not pose immediate issues but could complicate matters during redevelopment. It’s advisable to update the bills to avoid future legal complications.

It is another regular case to be filed in the small cause court, hence the procedures to be followed will be guided by a local advocate, you may consult one.

There is no provision for filing a online suit, you may have to file through efiling system if that is the practice, but once it is taken on file you have to appear before court regularly.

You can transfer the electricity bills or other utility bills to your name, if you are allowed to transfer them to your name by the authorities concerned.

You can pay rentals by google pay if you have his mobile number 

2) no need to notarise letters 

3) you can send notice to landlord as to what is rental amount payable by you 

4) you should apply to transfer rent receipt in your name on demise of grand mother .obtain. NOC of other legal heirs 

You cannot open a bank account on your name to deposit the rental amount alone and keep him as nominee, this is not legally possible.

Instead you send him a legal notice demanding the quantum of monthly rental amount payable now, transfer of rent agreement to your name based on the NOC by all the legal heirs of your grandmother, to furnish the bank account details to deposit the rental amount directly to his account.

If you don't get any reply then you can plan to initiate legal action as required to protect your interests after that.

- You can deposit the rent before the Rent Controller after filing a petition before the Court. 

- The opening an account in the post office and transferring the rent automatically will not create an evidence that the said amount is for rent. 

- Yes, you can send an increased rent amount on the basis of Rs.125/-

Dear client,

Your situation involves several complex legal aspects related to Pagdi tenancy and redevelopment. Here are the answers to your questions:

1. 
   Possibility of Refusal to Allot New Units:
   

• The owner or builder might refuse to allot new units if there is no clear Pagdi tenancy agreement between you and the current landlord. However, your long-term occupancy and the rent receipt from 1988 can serve as evidence of your tenancy. The Maharashtra Rent Control Act, 1999, protects tenants under the Pagdi system, and you should be eligible for a new unit during redevelopment.

• 
  The old agreement signed in 1974 between your grandmother and the owner’s grandmother is still valid, even though both parties have passed away. The tenancy rights are typically inherited by legal heirs. The refusal of the landlord to transfer the tenancy agreement to your name, despite encashing the DD, can be contested in court.
  

• As a Pagdi tenant, you should be eligible for all the benefits during redevelopment, including additional carpet area. The Maharashtra Rent Control Act ensures that tenants are provided with new flats during redevelopment.

• The landlord or builder might ask for an NOC from your aunts and uncle to complicate the situation. However, since they do not have any rights in the unit, you can contest this requirement. It is advisable to consult a legal expert to handle this aspect effectively.

• Bank transactions with descriptions mentioning rent and the month can serve as proof of rent payment in court. If the landlord refuses to accept rent, you can deposit the rent in court through an application in the small causes court.

• It is advisable to change the names on the electric, gas, and ration card to your name. This will help establish your continuous occupancy and strengthen your case during redevelopment. The existing Pagdi tenancy agreement under your grandmother’s name should not pose an issue if you have other supporting documents.

• The builder might ask for the following documents during redevelopment:

• Proof of tenancy (old rent receipts, bank transaction records)
• Identity proof (Aadhar card, PAN card, passport, voter ID)
• Proof of residence (electricity bill, gas bill, ration card)
• Legal heir certificate (if applicable)
• Any correspondence with the landlord regarding tenancy

Given the complexity of your situation, it is highly recommended to consult with a legal expert specializing in tenancy and redevelopment issues to ensure that your rights are protected and to navigate the legal processes effectively.

Thank you. Should you require any further clarification, please do not hesitate to contact us.

If you don't know the rent then you need to apply for fixation of standard rent by the court 

Paying by UPI is an option,  however how will you ensure that the money is being credited to the landlord's account only...he may have linked some other account to his mobile number ...so making payments by UPI is risky 

If landlord does not issue rent receipt then it's an offence under the rent act 

Buy money order from post office. That will show your readiness and willingness to pay rent. It doesn't matter if the landlord doesn't encash the MO

But first you need to find out the exact rent for which standard rent application is the only option if the landlord is not telling you the rent