Can a senior citizen keep pg in tenancy flat in mumbai ?
Siddhi Agarwal
(Querist) 25 May 2014
This query is : Resolved
Can a senior citizen keep paying guest/s in the self occupied tenancy flat in Mumbai to supplement his / her income ?
ajay sethi
(Expert) 25 May 2014
no senior citizen is mere tenant . he cannot keep any PG without consent of landlord
Rajendra K Goyal
(Expert) 25 May 2014
It would be use for other purpose than it was given on rent without the consent of landlord, hence his permission is required.
Kishor Mehta
(Expert) 25 May 2014
Sir,
[1] If a paying guest is residing along with the tenant,
[2] If the possession of the premises has not been entirely handed over,
[3] If the paying guest is not staying with his family,
In the above events the tenant can keep a paying guest after first properly entering into a registered agreement. However Stamp duty is not applicable to a paying guest agreement.
Here under is a relevant observation:
Sub. Section (5) of Section 7 of the Maharashtra Rent Control Act, 1999, defines the “Licensee” in respect of any premises or any part thereof, but does not include a paying guest, a member of a family residing together, a person in the service or employment of the licensor, etc. If the paying guest is staying with the member there is no question of parting with the possession of the Flat. From the aforesaid definition, it is very clear that the provisions of the Maharashtra Rent Control Act, 1999 are not applicable to the ‘Paying Guest’. The paying guest is staying in the premises along with the licensor and he or she has not possession of the premises or part thereof, such paying guest cannot be considered as “Licensee” under the Maharashtra Rent Control Act, 1999. Paying guest and licensor must be shown to be residing in the same premises as required under Section 5(4A) as different from licensee where expression of such requirement are absent paying guest not being a Licensee cannot claim, rights as contemplated under Section 15A [1988-2 BOM.C.R. 300 (S.C.) Surendra V. Royce.]
Good Luck,
Kishor Mehta
Siddhi Agarwal
(Querist) 26 May 2014
Dear Adv.Kishore Mehta- Thanks for your detailed response and explanation. I fail to understand why there are very few experts taking keen interest in responding to queries the way you do. God bless you.
