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mahesh   20 May 2016

Dear Sir can pagadi tenancy rights gifted to son

Dear Sir my father owns a business of selling garments in a shop on pagadi system from the last 30 years now he wants to gift the business to me including the tenancy rights of the said shop.will he require noc from the owner?


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 2 Replies

adv.bharat @ PUNE (Lawyer)     20 May 2016

pagadi system means?

To do gift no need to take NOC from other person.

Thanks


(Guest)

@ Bharat

Pagadi is local usage for protected tenant under Maharashtra Rent Control Act 1999

I don't want to write entire history now 

@ Author

Gift deed is not valid since tenant is not owner of property 

But after death of original tenant land lord is boud to transfer receipt of tennacy to legal heir of tenant which is residing in tennacy room /flat . This is as per relevant provision of Maharashtra Rent Control Act 1999

If Land lord is not ready to transfer the receipt . then approach court after father death , asking to transfer tenancy in your name (as you are staying with him) fixation of standard rent and declaration that specific area is under your occupancy as tennat 

 

 


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