Manali (Manager) 29 January 2015

Joint tenancy in pagadi system

My friends grandfather is having room on pagadi system in girgaon. Unfortunately grandfather expired 5 yrs back. Leaving 2 sons as legal heirs. One of the i.e. my friends father expired 1yr back. Now landlord decided to redevelop property and give ownership flat to tenants. My friends uncle (second legal heir) told him that landlord says only one name will be mention in all the MOU and agreements and requiring NOC from friends mom. My friend wants to do agreements with landlord in joint name. Can he do so? Under what provisions? Remedies?

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5 Replies

Kishor Mehta (CEO) 30 January 2015

Madam,

The tenants of pagdi system residences in Maharashtra are governed by Maharashtra Rent Act 1999. under this Act, on the demise of the tenant, all blood relations living with him in the residential premises are termed as deemed tenants and get the right of residence in that premises.

If the landlord does not agree to include the names of other co-residents, the proper procedure will be to file a declaratory suit in the Hon. Small Causes Court of your area to claim deemed tenancy.

Good Luck,

KIshor Mehta