Bdd chawl transfer or nominee rules
Querist :
Anonymous
(Querist) 30 January 2024
This query is : Resolved
Sir,
My mother in law is a single owner of a room at Worli BDD chawl and she have six daughters only, can she transfer the title of the room on all six daughters name or nominate the room on all six daughters name.
T. Kalaiselvan, Advocate
(Expert) 30 January 2024
Your mother in law is the tenant with a rental agreement on her name, if she wants to transfer the rental agreement to any person i.e., to any chosen daughter, it is her rights and pleasure to do so.
She cannot be forced to transfer the rental agreement to all the six daughters.
Besides the landlord may not agree to transfer the rental agreement in favor of more than one person.
Querist :
Anonymous
(Querist) 30 January 2024
Sir, Thankyou for your response.
Could you please guide me, what will have to be done to give equal share of the property among all six daughters after their mothers death.
T. Kalaiselvan, Advocate
(Expert) 30 January 2024
This is a question of inheritance of tenancy.
As per that, the person who was residing in that chawl with the mother will be entitled to inherit the property's tenancy rights
T. Kalaiselvan, Advocate
(Expert) 30 January 2024
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.
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.
kavksatyanarayana
(Expert) 30 January 2024
Yes. If the landlord agrees then she can transfer the tenancy to one of her daughters, otherwise, she can not transfer the tenancy right.
P. Venu
(Expert) 30 January 2024
To my knowledge, the original occupants of the BDD chawls stand in the status of owners, and not tenants. The facts posted does not suggest the querist's mother to be a tenant, but an owner. However, given the history of the BDD chawls and that of the City (or, rather the Island) of Bombay it may not be full-fledged ownership. As I understand, the property, if left intestate, would devolve upon the legal heirs after her lifetime.
Querist :
Anonymous
(Querist) 01 February 2024
What is the rules if a bdd chawl room owner dies without naming any nominee for the room.
P. Venu
(Expert) 01 February 2024
To my knowledge, the property would devolve upon all the legal heirs.
Querist :
Anonymous
(Querist) 03 February 2024
Thankyou sir for your response
