Sanjiv Parikh 03 January 2025

Joint tenants in a pagdi building

My mother is having a rental flat in the pagdi system building in Mumbai since last 10 years. Upon family settlement it is agreeed that I will be the tenant after my mothers demise. Should I become a joint second tenant now with the landlords consent so that 100% tenancy rights in the flat can automatically become mine being the joint tenant after my mothers demise?

i am told that the tenancy rights can't be passed on to the legal heir in a will. If I don't become the joint tenant now I may have to obtain courts permission / probate to become the tenant as the landlord may insist on it.

is the above approach correct?

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 03 January 2025

Joint tenancy is not a concept that can be intoduced at this stage.

Instead, your mother can transfer the tenancy to your name with the permission of the land owner now itself instead of facing cubersome legal hassles at a later stage.

Dr. J C Vashista (Advocate ) 04 January 2025

Let your mother with the consent of landlord, transfer tenancy in your favour

Sanjiv Parikh 04 January 2025

Sir, You mean it cannot be done in the midst of tenancy period and can be done at the beginning of the tenancy period or it can't be done under the law in the pagdi system.