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Anon (Na)     07 January 2024

Pagdi system

I have a room which was rented to a person under pagdi system.

Few years back the person died and during same time period his son bought a new house and shifted.

Is there any inherentance in pagdi system?

As the son has his own house, will he still be entitled to use the rented room?



Learning

 5 Replies

Dr. J C Vashista (Advocate )     07 January 2024

Yes, the son has inherited the rented / pagri premises.

T. Kalaiselvan, Advocate (Advocate)     07 January 2024

If the son has vacated and not living in the pagdi premises, you can enter into the property and take possession.

If he's objecting then you can file a petition to evict him stating that he is not living there especially after the original tenant's death 

anjali tamrkar   07 January 2024

Is their any inheritance in pagdi system?
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. But testamentary succession is not possible, as pagdi system inheritance rights are peculiar to the tenant and therefore a tenant cannot bestow his/her tenancy rights under a Will. It is a legalised form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999. However, according to Section 7(15)(d) of MRCA and Section 5(11)(c) of the Bombay Rent Act, upon the death of a tenant, the tenancy passes on to a member of tenant's family who has been residing with the deceased tenant or operating the premises for commercial purposes at the time of his death.
 Rights of legal heirs in pagdi system
Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, states that:
•    A tenant’s family member who has been living with the dead tenant at the time of his/her death shall be eligible first from the family as the successor to succeed the tenancy. 
•    Upon the demise of a current pagdi tenant, the tenancy rights can only be transferred to that legal heir(s). 
•    The new tenant (legal heir) can request the landlord to issue a fresh rent receipt in the heir(s) name(s). 
But testamentary succession is not possible, as pagdi system inheritance rights are peculiar to the tenant and therefore a tenant cannot bestow his/her tenancy rights under a Will.
Can Landlord evict Pagdi tenant?
The landlord can not seek eviction from his tenant by his will or choice but in case of any default, the landlord can demand for eviction, for instance, in the case of failure of rent.
 

Anon (Na)     09 January 2024

Thank you all for your inputs, at the time of death the father himself was not occupying the room. His son moved to new house with his father, but there is no written communication that they have left. 

Orianna   10 January 2024

Originally posted by : Anon

I have a room which was rented to a person under pagdi system.Few years back the person died and during same time period his son bought a new house and shifted.Is there any inherentance in pagdi system?As the son has his own Buckshot Roulette house, will he still be entitled to use the rented room?

The son might be entitled to the room if the original tenant named him as the Pagdi premises' heir or successor.

 


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