Legal Question in Landlord & Tenant Law in India

We live a rented (pagadi) house since 34 years. The house was in my father's name but he passed in year 2000. the owner is not ready to transfer the same in my mother's name. What are the procedures to be followed for same? Are we eligible to sell the house to third party with paying name change amount to the owner?


Asked on 1/31/13, 1:20 am

2 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.01.2013

Dear Sir / Madam,

(Jogeshwari East, Mumbai)

Tenancy rights are transferable to the legal heirs of the deceased. Since your father has passed away, the tenancy rights automatically accrue to your mother. You will have to request the landlord in writing to transfer the tenancy rights and the rent receipt in your mother's name, and submitting a copy of the Death Certificate of your father along with the letter to the landlord.

Yes ... tenancy rights in the old pagdi system are saleable, with the agreed transfer fees payable to the landlord to record the change of name.

To avoid any complication, I suggest you first exercise your right to get the tenancy transferred in the name of your mother, and thereafter sell your tenancy right to another party.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/31/13, 1:42 am


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