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Advocate@Law Field (Legal Associate)     07 April 2017

Transfer of tenancy rights in pagdi system

Dear Sir/Madam, I need to know about the transfer of Tenancy Rights in Pagdi System. I will put the facts of the case 1st of all and den will ask my queires specifically. Please guide me. My case is_ Original Tenant of this Pagdi Room is dead. She has 4 children and one daughter was staying with her alongwith his son. Now, the situation is this grandson of the deceased woman wants to transfer this Pagdi Room to third party. Therefore, he has taken NOC from all legal heirs (including her mother's consent) of the deceased. This Noc is notorized. Till 1999 year, the Original Tenant (deceased) was paying rent thereafter noone is paying it till date.Original Landord is no more and there is dispute between his 4 children. My Queries Are_ 1. Whehter the deemed tenant (grandson) can transfer his tenancy right without Landlord's Consent? 2. As he is not paying rent (No1 is paying it as legal heirs of landlords are not approaching to the tenants), Can he transfer his Tenancy Right as he is in default of paying Rent? 3. Grandson is having Ration Card, Electricity Biil o his own name but not the Rent Receipts. What will be the legal impact of this? Kindly Guide me.


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 2 Replies

Kishor Mehta (CEO)     08 April 2017

Sir, Please understand that tenants are not owners of the rental premises and the tenancy rights can only be transferred with a written consent of the landlord. It does not matter who is paying the rent. The tenant has only rights of residence and no more. Good luck, Kishor Mehta

Advocate@Law Field (Legal Associate)     08 April 2017

Ok Sir. However, As i cleared there is dispute between the legal heirs of the Landlord. But, If we get consent by one legal heir of the landlord ..Will it be ok in such circumstances to transfer the tenancy rights? he is deemed tenant. and He is having Ration Card and Electricity Bills on his own name.Will it be sufficient?


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