Inheritance of property in pagdi system
Querist :
Anonymous
(Querist) 16 December 2022
This query is : Resolved
Dear sir
My friend's mother is having small property of Pagdi system. She wants to do nomination or execute any other documents which protects rights of her children in the property in the event of death. What can be done?
P. Venu
(Expert) 16 December 2022
Maharashtra Rent Control Act does not provide for nomination or testamentary succession of tenancy. However, on the demise of the tenant, the legal heir can succeed on the strength of definition of tenant as provided under Section 7 (15)(d):
(15) "tenant" means any person by whom or on whose account rent is payable for any
premises and includes,-
(d) in relation to any premises, when the tenant dies, whether the death occurred before or
after the commencement of this Act, any member of the tenant's family, who,-
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for
any such purpose, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.
Explanation-- The provisions of this clause for transmission of tenancy shall not be
restricted to the death of the original tenant, but shall apply even on the death of any
subsequent tenant, who becomes tenant under these provisions on the death of the last
preceding tenant.
SHIRISH PAWAR, 7738990900
(Expert) 16 December 2022
Hello,
Yes, they can apply for a letter of administration or legal heirship certificate from the court with respect to the tenant property.
kavksatyanarayana
(Expert) 16 December 2022
Yes. I agree with the advice of the above experts.
T. Kalaiselvan, Advocate
(Expert) 20 December 2022
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.
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.
Querist :
Anonymous
(Querist) 20 December 2022
Thanks all of you.
One last question
If tenant is not staying in Pagdi chawl & it is locked at the time of death then what will be the consequences
P. Venu
(Expert) 20 December 2022
What is the context for this subsequent "question"? What prevented you from making a comprehensive query in the first instance itself?
Please avoid posting riddles instead of queries?
