Yes, the property can be transfer on son name after his father by the help of original owner by paying transfer fees to him and registered property on son name.

Or you can ask to transfer property on your name directly with the help of owner and tenant, to that property should be transferred on nominee name.

I have understood your questions very well.

It's may fault that I have given you two different options answers to your question.

As our law are biased depending upon that I have answered.

You cannot bequeath tenancy rights by will 

2) on demise of father approach landlord to transfer tenancy rights in name of son 

3) better option is to sell the property during father lifetime with landlord consent 

If the tenanted property is not used for more than 6 months for the purpose for which it has been let to you, then this gives a ground to the landlord to evict the tenant

After demise of the tenant, the tenancy right devolves on any 1 family member of deceased tenant who is living with the tenant at the time of his death in the tenanted premises and in case there is no such family member then the tenancy devolves on any 1 legal heir of the tenant. If there is a disagreement among various family members/tenants as to who among them should be made tenant after demise of original tenant or if landlord is not agreeable to the choice of the family member/legal heir who is agreed to be made the successor tenant, then all such disputes are to be decided by the Small Causes Court 

A tenanted property does not have the same incidents as an ownership property and hence your father cannot make any Will for his tenanted premises simply because the property is owned by the landlord. 

If the tenancy is to be transferred to the name of the son when the father is still alive then that will entail payment of transfer fee to the landlord provided he is agreeable to the son being made the tenant. A tenancy agreement will then have to be registered with the son which has to be properly stamped. 

If the premises are not being used then you can explore selling the tenancy rights with consent of the landlord or surrendering the same to the landlord against payment of valuable consideration 

If there is any scope for the building to go for redevelopment and the landlord is also not taking any eviction action against the tenants who are not using their premises, then you can simply hang on

So basically it's a commercial decision you have to make 

1. Legally speaking "Pagdi System" property are not "Ownership" properties. The Tenant derives only permanent "Tenancy" rights and nothing more. However IF Landlord decides to "Redevelop" the property into buildings, THEN in Mumbai the Landlord gives such Pagdi System Property to the Tenant on "Ownership" basis.

2. YES .... Tenancy rights shall get transferred to Children on demise of Father. However, you are advised that Father (while being alive) may execute a registered Gift Deed of "Pagdi System" property to his Children, to avoid any futuristic disputes with Landlord or anybody else. You may contact me for this purposes by visiting my website.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Under the pagdi system, the tenant has certain rights over the property but not over the land. The tenant can even sub-let the premises or sell the property, by giving a share to the owner.

As per the Maharashtra Rent Control Act of 1999 which came into effect from March 31, 2000, the system was made legal. Section 56 of this Act deemed it legal.

Therefore, a land owner could confer a kind of ownership to the tenant for a deposit of money. This partial ownership means that the tenant has a certain right over the property but not the land. In this case, the part-owner can even sublet the premises but the rent that he gets must be divided between the actual owner of the property and the part-owner that is the first tenant.

The pagdi system was legalised 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.

Your father no doubt is protected by tenancy rights but he cannot transfer the tenancy rights to his sons or wards during his lifetime. Instead he can talk to the landlord for arranging to enter into a fresh agreement with you while he terminates his tenancy, this can be on some compromised agreements.