Transfer of tenancy rights in pagadi system
Anita
(Querist) 27 January 2014
This query is : Resolved
Respected sirs, my mother has a tenancy rights of a shop in ghatkopar and we have put that shop on rent . My mother wants to transfer the tenancy rights in my name due to her failing health.The society is asking for a lump some money for transferring . Just wanted to confirm do we have to pay such a huge amount even if it's within the family . Do any law exist for transferring within family for example for registration it takes just 2% if it's within the family . 2. And what all papers do I need make for transferring . We have been asked to make an affidavit where my mother is surrendering her tenancy rights and a fresh copy of tenancy agreement between me n and society . Please guide. Thank you.
Kishor Mehta
(Expert) 30 January 2014
Madam,
As your mother is a tenant of the society, she is governed by the Maharashtra Rent Act 1999. This Act does not give the right of transfer to the tenant, within the family or without. At the same time the society can not ask your mother to vacate without valid reason.
Before your mother surrenders her tenancy rights make sure that a new tenancy agreement, in your favour, is prepared, executed and registered at the same time.
Good Luck
Kishor Mehta
