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Anon123   04 June 2024

Pagdi system rights of tenant

Hello all, 

A few questions regarding the rights of the Tenant under Pagdi System in Mumbai. 

 

Property has two tenants. Tenant 1 (T1) is a US citizen and lives in USA, while Tenant 2 (T2) is an Indian citizen with the ability to gain US citizenship. T2's wife and child live in the property and both are Indian citizens with no plans of foreign citizenship. USA does not allow dual citizenship. 

 

If T2 was to accept US citizenship (relinquish Indian citizenship) and live in USA:

1. Can T1 and T2 continue being legal tenants if neither one has Indian citizenship?

2. If yes to above question, can T2's wife and child live in the property without either tenant's presence?

3. If no to above question, how often would either tenant need to visit the property to continue their legal tenancy and let T2's wife and child live in the property? 

4. Do T1 and T2 both need to deposit rent in their own names or can either tenant deposit the full rent? 

 

Please specify which codes/statutes with appropriate section are being referred for each question. Thank you for your time and answers!



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     04 June 2024

The citizenship cannot restrict the tenants to stay as tenant i the rented property.

The tenant's family members are living in the rented premise hence it is not lying vacant.

A house property is taken on rent for living with the entire family members and not for an individual occupation alone.

Therefore there is infirmity in the tenant's family members continue to occupy the rented premise 

Actually you are not able to express the actual problem that you face, hence you may better consult a local advocate and get proper idea on all such futrher issues 


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