You need NOC of other legal heirs to transfer tenancy rights in your mother name
2) you have not mentioned how much landlord is demanding for transfer of tenancy
3) if it is reasonable amount pay the landlord
We have a shop in south mumbai, which is help in the name of my grandfather, which needs to be transferred in my mother's name (As my father and grand father are deceased). The society (landlord) is asking for a transfer fee in case of sucession of tenancy, could you help with the transfer fee in case of these cases. Also, do we need NOC for other legal heirs or mere posession of the shop and payment of all bills amount to transfer of sucession.
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You need NOC of other legal heirs to transfer tenancy rights in your mother name
2) you have not mentioned how much landlord is demanding for transfer of tenancy
3) if it is reasonable amount pay the landlord
the amount seems unreasonable, considering there is no sale here. Is there any percentage or number specified under teh tenancy act?
There is no percentage specified by Maharashtra rent act
if landlord refuses to transfer tenancy rights your mother should take legal proceedings before small causes court for declaration that she is tenant of the commercial premises
The rent control act is silent on the transfer fee to be paid to landlord in case of succession of tenancy
Under section 7 of rent control act, on demise of original tenant, the tenancy automatically devolves on the legal heirs of the tenant
Since the landlord is demanding an unreasonable amount for transfer, I suggest you continue with original name of your grandfather
You can take NOC affidavits from other legal heirs stating that they have released their tenancy right in the shop and that they will not demand any right in future
Thus even if tenancy continues in the original name or in joint names of legal heirs, the NOC affidavit of other legal heirs will bind them so that they cannot claim any future
In pagdi system, name transfer acc. to survivors, Whoever elder next to father holding that shop. No transfer fees applicable. Now the rent receipt will issue in mother name. Demand from LL in writing through registered post and LL do not transfer, don`t bother. NO harm to your ownership.
There is no provision in law for a fixed fee for transfer of tenancy from the original tenant to his successor.
In fact this can be transferred only if it was a pagdi system tenancy.
In Maharashtra, tenancy rights are regulated under the Maharashtra Rent Control Act, 1999, which repealed the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947.
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.
From a reading of this section, it is clear that the right to tenancy on the death of a tenant is extended to the members of the family who were particularly participants in the benefits of the tenancy, and were residing with the deceased tenant in the tenanted premises, or continuously operating the premises for commercial purposes, as the case may be, often excluding legal heirs who would otherwise be entitled to the same. Only when such a member or members are not available, will other legal heirs come into the picture, and the court must then decide in such cases who is to be treated as the tenant.
Therefore, succession to tenancy rights under the 1999 act is a clear departure from the general rules of succession laws, as heirs who would normally qualify as successors under the succession laws may not qualify as heirs to the tenancy rights under the 1999 act.
succession to tenancy rights is based on possession and enjoyment of tenancy rights of a family member who has resided with the deceased tenant. Therefore the ‘heir’ who wishes to claim tenancy rights of the deceased tenant must prove that he/she was permanently residing with the deceased tenant at the time of his/her death. Only such an “heir” will get priority over all other members of the family with respect to the inheritance of such tenancy rights over the premises.
However the landlord may demand transfer fee which may have to be paid for transfer of rental receipt on your mother's name and the amount can be negotiated.
In tenancy act there is no provision for transfer fee but if the landlord refuses to transfer the rental receipt on your mother's name and may demand NOC from other legal heirs, then you may have to initiate legal steps as provided in the law for this.
you may need to prepare an affidavit along with a no-objection certificate from other legal heirs or successors.
Yes definitely you need not listen certificate from other legal Heirs to get the shop transfer in your name based on the rent AP property and the lease period you have to pay 4% of the rental as a stamp duty for the transfer charges and as per the society bye laws if there are any charges fixed to get the transfer you need to pay that amount as well exact stamp duty requirement you need to check locally if it is 4% or 3%
1. Yes you need NOC from other legal heirs for transfer of tenancy on your mother's name.
2. Landlord generally charge fees for transfer of tenancy in name of legal heirs but it is not fixed by any act.
3. If he refuse to transfer the tenancy rights then your mother can file suit in court for transfer of tenancy rights in her name as legal heir of deceased.