This is a pagdi system rented premises on the name of your maternal grandmother's name. now if you have to change the name on  you and your siblings, you have to get NOC from her all other legal heirs including the legal heirs of the deceased.

Without this the landlord will not entertain the name change also.

As a matter of fact you are the third generation child to your maternal grandmother hence you cannot claim the property as a right unless her actual legal heirs relinquish their rights in the property.

The landlord may demand exorbitant amount for name transfer because there is no rule for demanding any fixed amount 

You first talk to the landlord and negotiate the deal accordingly.

i would like to know were you residing with the tenant [your late grandmother on maternal side] in the tenanted flat when she died?

who is presently in possession?

where are your siblings? do they reside with you or in their own respective houses?

who all were residing with the tenant in the pugdi flat when she died?

who all are the legal heirs of the tenant?

which faith you belong to?

please answer above queries to enable to reply better

4 years back you had asked the below question on this platform:

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? 

you have to approach landlord to issue rent receipt in your name 

2) enclose grand mother death certificate 

3) if landlord ask for huge amount approach small clause court for declaration that you are the tenants of the 2 bhk apartment 

Yes he will ask for 1/3 or market price to give you the status of tenant. If you have possession then it will be easy for you to carry out name change 

Whatever the background may be, the legal process cannot be deviated.

Grandmother was a tenant earlier and those who were residing with her then during her lifetime only can claim tenancy rights.

They should have transferred the tenancy to their names duly whereas as per your contention even they failed to transfer the tenancy thereby the successors are presumed to have relinquished their rights.

Even now if you are able to follow the procedures as stipulated in law, there are possibilities to retain the property during redevelopment.

Approach landlord to transfer rent receipts in name of your father 

if he refuses take legal proceedings as mentioned herein above 

You need to apply to the landlord for tenancy to the said property if you want to enter your name in the same. As per the law he need to transfer you as a legal heir.

I'll reply to your query in due course with legal provisions of rent act 

Prima facie your parents are statutory protected tenants under rent act 

definition of tenant as provided in the rent act alongwith the explanation to it are germane for your query. The relevant portion is in bold below:

(15) "tenant" means any person by whom or on whose account rent is payable for any premises and includes,--

(a) such person,--

(i) who is a tenant, or

(ii) who is a deemed tenant, or

(iii) who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or

(iv) who has derived title under a tenant, or

(v) to whom interest in premises has been assigned or transferred as permitted,by virtue of, or under the provisions of, any of the repealed Acts;

(b) a person who is deemed to be a tenant under section 25;

(c) a person to whom interest in premises has been assigned or transferred as permitted under section 26;

(d) in relation to any premises, when the tenant dies, whether the death occured before or after the commencement of this Act, any member of the tenant's family, who, --

(i) where they are let for residence, is residing, or

(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose,

with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.

Explanation.--The provisions of this clause for transmission of tenancy shall not be restricted to the death of the original tenant, but shall apply even on the death of any subsequent tenant, who becomes tenant under these provisions on the death of the last preceding tenant.

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so you are the 4th generation

your father's maternal grandmother was the original tenant

at the time of her death your dad's parents and your dad alongwith his siblings were residing in the premises 

so these people being the family members of the deceased tenant would become 'joint tenants' of the premises

subsequently your father's siblings shifted elsewhere and your father's parents also died leaving you and your parents who would be entitled to succeed to the tenancy considering the definition of tenant and explanation thereto as reproduced above and contained in s.7(15)(d) of the rent act

so your parents and you are the statutory joint tenants of the premises

the rent act vide s.31(2) mandates the landlord to issue the rent receipt in the name of the family member who succeeds to the tenancy upon demise of the original tenant.

 MAHARASHTRA RENT CONTROL ACT, 1999 Section 31 - Giving receipt for any amount received compulsory

(2) Every landlord shall, without charging any consideration, issue the rent receipt in respect of the premises let out to the deceased tenant in the name of the family member referred to in sub-clause (d) of clause (15) of section 7.

thus s.31(2) makes it abundantly clear that the landlord must issue the rent receipt in the name of the family member [in your case in the joint names of your parents and yourself] WITHOUT CHARGING ANY CONSIDERATION

however a closer scrutiny of the definition of tenant as reproduced above would show that only 'one' family member can succeed to the tenancy right on the death of original tenant, since the definition uses the word 'family member' which is in singular

also in case it is mutually decided between your parents and you that the rent receipt be issued in the name of your father [one of the family members] and this is intimated to the landlord. However the landlord may not want to recognise your father as the successor tenant. Thus going back to the definition of tenant again, in absence of any agreement as to who should be recognised as the successor tenant, the said question would then be decided by the Court

however if your landlord is ok to issue the rent receipt in the joint names of your parents and yourself, then nothing further is required to be done.

generally in such cases the landlords do charge some lump sum towards 'blood relation transfer fee' which is obviously less than the 33% transfer fee that is charged in case of a transfer of tenancy to a third unrelated party

i understand that approaching the landlord for a name transfer may open the pandora's box and he may demand some unreasonable sum

in that case you can show him the provision under s.31(2) and tell him that under the law no consideration can be charged by the landlord to issue rent receipt in favour of the family member who would succeed to the tenancy, but nevertheless you people have come to him and so he must consider some reasonable amount and transfer the rent receipt to any person among your parents or yourself or any combination or in name of a single family member

so it all depends how well you negotiate with the landlord

and if you do not want to do the above exercise then you can just let things be as they are since in any event under the rent act you have statutory protection

effecting a transfer would only be for shutting out any unnecessary claims from other relations of the original deceased tenant

hope above clarifies your doubt

1.  The law states that all the legal heirs are entitled to a share in the property, your landlord will not accept the request to transfer rental agreement to one person alone, he may insist on NOC from others.

2. If the tenants are not living in the pagdi system rental property for years then the tenant's name cannot be entertained at the time of redevelopment either by the developer or by the landlord.

3. Negotiation can be done by you itself with the landlord, there is no necessity for a lawyer practising in the property disputes alone to solve your problem. 

1. yes. In absence of agreement between the persons as regards who among them should be recognised by the landlord as the successor tenant, the said question will have to be determined by Court. Many landlords do transfer the tenancy to joint names. So it all depends on your landlord. If he is ok to do the transfer in joint names of your father and his sibling, well and good. If the landlord says that he will do the transfer only in one person's name, then your father and his sibling will have to figure out and have some sort of a side agreement which would state that despite the rent bill being transferred in so and so name, for all intents, if and when the property goes for redevelopment, both your father and his sibling will have equal share in the new premises. 

2. the landlord has been accepting rent from your father and his sibling and so far he has not raised any dispute that they are residing abroad and thus liable to be evicted for non-user. So the same situation may continue when the building goes for redevelopment as well. It is to meet such situations of the landlord taking a u-turn and denying any benefit to the family member of the deceased tenant in the ensuing redevelopment, that it becomes prudent to have the rent bill transferred for which the landlord will obviously ask for transfer fee in CASH. It all depends on your negotiation skills then how much you are able to have that amount reduced. 

3. This question is not only weird but also sort of insulting. You approach a doctor for his advice and then ask that same doctor whether he can refer you to some other doctor. Very unfortunate. Lacks sensitivity. No good advocate will do any negotiations on behalf of his client. An advocate is not a broker. He can only help you with the legal aspects of the transaction. 

Rent receipt can be issued in joint names of your father and his sibling 

2) if your father is US citizen he cannot inherit tenancy rights . Landlord will not issue rent receipt in father name 

3) contact any lawyer on this website 

Sir/Ma’am

If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138

You can reach me on 09 yu 769 fg 490 ghj 911

Response to Your Concerns on Pagdi Tenancy & Redevelopment

1. Rent Receipt in One Name – Sibling Dispute

• Yes, having the rent receipt in only one person’s name might cause inheritance disputes later.
• 
  Solution: Instead of transferring to one person, you and your sibling can create a family settlement agreement stating that both will have equal rights in case of redevelopment compensation or alternate accommodation.
• Some landlords might allow issuing joint rent receipts, though this is rare in the pagdi system.

2. Future Redevelopment – Risk of Landlord Challenge

• Under the Maharashtra Rent Control Act, a legal heir who resides in the property is considered a deemed tenant.
• However, since both of you live abroad most of the year, the landlord might claim abandonment of tenancy during redevelopment.
• 
  To strengthen your case:

  • Ensure rent is paid regularly in your father's or your sibling’s name.
  • Keep proof of possession, like electricity bills, visits, passport addresses, etc.
  • If possible, spend some time in the property before redevelopment to establish continued residence.

3. Negotiating Transfer with Landlord – Legal Help

• 
  Engaging a Mumbai-based property lawyer experienced in pagdi tenancy is advisable.
• A lawyer can:

  • 
    Negotiate transfer fees if the landlord demands an unreasonable sum.
  • 
    Draft a legal agreement with your sibling to ensure fair division of future benefits.
  • 
    Handle documentation for name transfer, redevelopment, and tenancy protection.