dhiresh
(Querist) 03 August 2016
This query is : Resolved
Hi experts, my grandfather started living in a house in Bombay since 1967. The landlord is providing receipts under his name even after his death. Now that I wanna carry out repairs he is asking me to pay a hefty sum to transfer the rent receipt on my name plus another hefty sum for the repairs. Now that my grandfather is no more and my parents have past away. My Dad was an adopted child , so he is asking for pagdi again claiming that it is not rightfully his.is he right ? If not is there another option ?
adv.bharat @ PUNE
(Expert) 03 August 2016
Adopted child have same right as legal heir. Pagdi?? please explain what do you mean by pagadi?
Guest
(Expert) 03 August 2016
Adv. Bharat
Pagdi is vernacular word.
In Bombay Rent Control Act 1947 taking deposit or money or pagdi and then giving place on rent was prohibited.
If I am not wrong taking Pagdi was criminal offense but every one started taking and it became rampart.
Eventually in Maharashtra Rent Control Act 1999 , it was legalized and owner was allowed to take deposit .
Now I don't remember section no of Maharashtra Rent Control act 1999 while typing but according to Act when tenant dies name on receipt should be changed to family member receding with tenant in tenanted premises. Land Lord is bound to transfer Receipt name as per law without taking any kind of monetary consideration.
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@ Anonymous
In your case you need to send legal notice to landlord that you are adopted son and residing in tenanted place and as per law receipt should be transferred to your name
2) If he changes its good else only legal option remaining is
File Application in Court for fixation of standard rent , transferring tenancy on your name This is according to act. but I want to add one more thing as per my experience declaration of carpet area and rooms should be too mentioned in Plaint, this helps in long run and permanently you have record you had this much area with you
Area mentioning helps at time of redevelopment not now
Rajendra K Goyal
(Expert) 04 August 2016
Send legal notice to landlord and file case, if the matter is not settled amicably.
Discuss with local lawyer.
dhiresh
(Querist) 04 August 2016
Thank u for the suggestions. Now the problem is if I send him legal notice he will not allow me to carry out repairs even after the rent receipt is transferred.
dhiresh
(Querist) 04 August 2016
Thank u for the suggestions. Now the problem is if I send him legal notice landlord will not allow me to carry out repairs even after the rent receipt is transferred. Is there a way I can make modifications to the structure without his obstruction?
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