Maharashtra, India · property

How to Transfer Pagdi Tenancy After Death of Tenant in Maharashtra

When a pagdi tenant passes away in Maharashtra, landlords often exploit the grief of the family by demanding extortionate transfer fees or threatening illegal eviction. Under state tenancy law, qualifying co-residing family members inherit tenancy rights automatically by operation of law. You do not need the landlord's arbitrary consent or a costly payoff to secure your roof.

What the Law Says: Succession Under the Maharashtra Rent Control Act, 1999

In Maharashtra, pagdi tenancies are governed by the Maharashtra Rent Control Act, 1999. Under Section 7(15)(d) of the Act, tenancy rights do not automatically lapse upon the death of the tenant. For residential premises, the tenancy automatically transmits to any member of the tenant's family who was residing with the tenant at the time of their death. For commercial premises, the right transmits to the family member carrying on business or using the premises with the deceased tenant.

Crucially, the Supreme Court of India has established that statutory tenancy rights cannot be bequeathed to strangers through a Will. Devolution depends on family status and actual cohabitation or joint commercial use at the time of death. If multiple eligible family members lived together, they may agree on who will be the designated tenant; failing agreement, the competent court—such as the Court of Small Causes in Mumbai—decides who steps into the tenancy.

Resisting Landlord Pressure and Unlawful 'Transfer Fee' Demands

A common tactic used by landlords in Mumbai and Pune is to claim that the tenancy died with the original rent-payer. They may threaten to lock the premises, refuse to accept rent, or demand exorbitant sums running into lakhs of rupees to 'transfer' the rent receipt to the heir's name. This demand is unlawful for statutory transmission under Section 7(15)(d).

While Section 56 of the Maharashtra Rent Control Act permits the lawful receipt of a premium or pagdi during a negotiated transfer or assignment between parties, a landlord has no legal right to charge a transfer fee when tenancy devolves to a co-residing family member upon death. Refusing to issue rent receipts is a punishable offense under Section 31 of the Act. You are not at the landlord's mercy, and you must never vacate under verbal threats.

Securing Your Tenancy and Taking Action

To enforce your transmission right, you must build an unassailable evidentiary record showing you were permanently residing with the deceased tenant at the time of death. Once notified in writing, if the landlord refuses to accept the rent or issue rent receipts in your name, you must not simply stop paying. Withholding rent gives the landlord grounds to initiate eviction proceedings for default under Section 15.

Instead, tender the monthly rent by registered post or speed post with acknowledgment due. If the landlord rejects the payment, you must file an application to deposit the rent directly in the Court of Small Causes (or the relevant Civil Court outside Mumbai) under the Rent Act. To protect yourself from predatory landlords, you can use Caunsel to research your tenancy rights, organize your rent receipts and identity proofs in a secure case file, or connect with an independent lawyer to issue a formal legal notice.

Steps

• Compile solid proof of continuous cohabitation, such as your Aadhaar card, voter ID, ration card, bank statements, or utility bills showing the tenanted address prior to and at the time of the tenant's death.
• Obtain the original death certificate of the deceased tenant along with a legal heir certificate or succession certificate from the competent revenue or civil authority.
• Issue a formal written letter by registered post AD to the landlord intimating the tenant's death, enclosing co-residency proofs and death certificate, and formally demanding the issuance of subsequent rent receipts in your name under Section 7(15)(d).
• Tender the monthly rent on time via cheque or demand draft sent with a covering letter; if returned or refused, retain the returned postal envelope unopened as evidence.
• File a declaratory suit in the Court of Small Causes (or jurisdictional civil court) to declare your lawful tenancy and deposit the monthly rent under the provisions of the Maharashtra Rent Control Act if the landlord threatens eviction or lockouts.

Common mistakes

• Relying solely on a testamentary Will to claim tenancy rights, which is not legally enforceable for pagdi tenancies in Maharashtra against co-residing statutory heirs.
• Paying illegal, unreceipted cash 'transfer fees' to the landlord out of fear, which creates no lawful paper trail and invites future extortion.
• Stopping rent payments after the landlord refuses to issue receipts, which can expose you to eviction proceedings on grounds of willful default.
• Leaving the premises unoccupied or locked for extended periods without oversight, giving the landlord an opening to claim abandonment or illegally change locks.

Questions people ask

Can the landlord evict me immediately after the original pagdi tenant passes away?

No. Under the Maharashtra Rent Control Act, 1999, a landlord cannot take the law into their own hands or forcefully evict you. If you were residing with the tenant at the time of their death, you inherit protection as a statutory tenant under Section 7(15)(d). Eviction can only happen through a formal court order on grounds specified in the Act.

Can a pagdi tenancy be willed to someone who did not live in the flat?

No. The Supreme Court of India has held that a tenant cannot transfer tenancy rights through a Will to a third party or non-residing legal heir. Transmission depends strictly on familial relation and actual co-residence (for residential properties) or joint business operation (for commercial properties) at the time of death.

What should I do if the landlord refuses to accept rent or change the name on the rent receipt?

Send the rent via Registered Post with Acknowledgment Due (RPAD) along with a formal intimation letter. If the landlord rejects or returns the postal packet, retain the postal receipts and uncashed draft, and approach the Small Causes Court to deposit the rent into court under the Maharashtra Rent Control Act.

General information only, last updated 2026-10-19. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Maharashtra, India.