Approach landlord to transfer rent receipt in name of your father
2) obtain NOC from other legal heirs
3) always advisable to get rent receipt transferred to avoid legal complications in future
Transfer of name under Pagdi system
I am single, 33 years old and live in Mumbai/Canada. Our apt in Mumbai under the pagdi system is still in my great grandmother’s name (father’s mother’s mother) who died decades ago. Her daughter (my grandmother) died in 2011. The surviving heirs are my father and his two brothers (who live elsewhere). We’ve all been born and grown up in this house. My father moved to the US in 2005 and I moved to Canada in 2013 but we keep coming here every year for 3-4 months to take care of this apt as it stays empty the remainder of the year after my grandmother passed away in 2011. Paying rent has also never been an issue. Now the only problem is-the apt is still in my great grandmother’s name. Should we get it changed to my father’s name (or my name), or is it okay to leave it this way? We have been hesitant to approach the landlord on this since some people told us that he may charge 20-30L for name change. But I also read online that landlord cannot do so in case of blood relation. What can happen if we leave it this way? Can it be a problem if/when the building goes into redevelopment 10-20 years down the line? Thanks
Asked 4 years ago in Property Law
Religion: Other
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6 Answers
Thank you for the response Sir... can the landlord demand money to do the name change?
Asked 4 years ago
1. under the rent act the tenanted premises has to be used for the purpose for which it has been 'let' to the tenant and if the premises are not being used by the tenant for more than 6 months then the landlord gets a ground to evict the tenant on the ground of 'non-user'
2. however in your case this does not seem to be the case since the landlord is not aware that you are using the premises only intermittently or occasionally i.e. only for few months in a year
3. but even then you have to keep the aforesaid in mind since if you apply to the landlord for name change to either your father's name or your name and you both being not in a position to use the premises as a normally a tenant would, then it may create problems if the landlord learns that the tenant is not using the premises
4. since the original tenant is no more and after her demise the tenancy devolved on her daughter who is also no more, then i suggest that the legal heirs obtain a legal heirship certificate from the court so that if in future the building goes for any redevelopment, the builder can allot the new flat to the legal heirs who have been declared by the court
5. landlords do charge transfer fee for blood relations transfer but its generally less than the customary 33% transfer fee which they charge for a fresh or new transfer. It all depends how hard you can negotiate with the landlord. There is no such rule that the landlords cannot charge for blood relations transfer. If you want to get a transfer without paying a penny to the landlord then you will have to file a declaratory suit against the landlord which i would not advise simply because that would prove to be more time consuming and expensive. I would rather try and settle the landlord by paying him some lump sum since the landlord is the owner of the premises
Landlord will demand money for name change
arrive at an amicable settlement with landlord
if he refuses take legal proceedings before small causes court for declaration that you are deemed tenants
Legally you have no right to transfer the said room in favour of anybody without prior permission of the landlord.
To get transfer the said room in favour of your father's name from that of your grandmother's name, the landlord should not insist for any transfer charges as it is being transfer between blood relations.
Redevelopment rules for pagdi system: Those living in non-cessed buildings before June 13, 1996, are eligible for new flats if their building is being redeveloped, the BMC guidelines in 2018 said. Even if the tenant had transferred the ownership formally and legally, the new occupant would be eligible too.
There is no prescribed law about charges to be paid to a landlord for an NOC, for getting the proeprty transferred to your father's name from his grandmother's name, though the law states that no charges to be collected for transfer within the blood relations, however if you do not want to lose your inheritance rights in the pagri property, your father should initiate steps to get it transferred to his name by producing the necessary details of the legal heirs of the deceased and NOC from other legal heirs wherever necessary.
In general the landlord should not demand the transfer charges for the transfer within blood relations.
There is no prescribed law about charges to be paid to a landlord for an NOC, for getting the proeprty transferred to your father's name from his grandmother's name, though the law states that no charges to be collected for transfer within the blood relations, however if you do not want to lose your inheritance rights in the pagri property, your father should initiate steps to get it transferred to his name by producing the necessary details of the legal heirs of the deceased and NOC from other legal heirs wherever necessary.
Hey,
It would be advisable to get the property title transferred to your or your father's name. It can cause problems years down the line. The landlord cannot demand money for the same.
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