Maharashtra, India · property

How to Transfer Pagdi Tenancy to a Legal Heir in Maharashtra

When a pagdi tenant passes away in Maharashtra, landlords often exploit the family's grief by demanding huge transfer premiums or threatening eviction. Under Section 7(15)(d) of the Maharashtra Rent Control Act, 1999, residential tenancy rights transmit automatically to any family member residing with the deceased at the time of death. You do not have to forfeit your home or pay unlawful fees to secure rent receipts in your name.

Statutory Transmission of Tenancy in Maharashtra

In Maharashtra, pagdi properties are governed by the Maharashtra Rent Control Act, 1999. Under Section 7(15)(d) of the Act, tenancy does not terminate upon the tenant's death; rather, it devolves by operation of law. For residential tenancies, the law provides that any member of the deceased tenant's family who was continuously residing with the tenant at the time of death succeeds to the tenancy rights. For commercial premises, succession rights belong to the family member who was actively carrying on business or trade in the premises with the tenant at the time of death.

The Supreme Court of India reinforced this statutory principle in Ashok Chintaman Juker & Ors v. Kishore Pandurang Mantri & Anr, holding that tenancy succession requires establishing family membership and bona fide co-residence at the time of the tenant's demise. Crucially, tenancy rights under the Act cannot be bequeathed to non-residing relatives or third parties through a testamentary Will. Succession under the Rent Control Act overrides general personal inheritance laws (such as the Hindu Succession Act, 1956) regarding immediate tenancy succession, giving absolute priority to the co-residing relative.

Challenging Landlord Extortion and Refusal of Rent Receipts

A common tactic used by landlords across Mumbai, Pune, and wider Maharashtra is refusing to accept rent from the surviving family and withholding rent receipts in the heir's name. Landlords frequently demand arbitrary lump sums—often citing customary 33% transfer charges—to update the rent records. While Section 56 of the Maharashtra Rent Control Act, 1999 legalizes premium payments for voluntary third-party transfers, demanding consideration for transmitting tenancy to an eligible co-residing legal heir under Section 7(15)(d) is unlawful.

Section 31(2) of the Act mandates that in the case of premises let out to a deceased tenant, the landlord must issue the rent receipt in the name of the qualifying family member without charging any consideration. If a landlord refuses rent to fabricate a non-payment ground for eviction, legal heirs must tender rent via registered post with acknowledgment due (RPAD) or bank transfer, creating an unbroken chain of payment evidence.

Securing Your Title and Available Legal Remedies

If multiple surviving family members resided with the deceased, Section 7(15)(d) allows them to agree mutually on whose name should appear on the rent receipt. Obtaining registered affidavits or notarized No Objection Certificates (NOCs) from all other legal heirs prevents the landlord from weaponizing family ambiguities to block transmission.

When a landlord persistently refuses recognition, locks out heirs, or threatens dispossession, the legal heir can approach the competent court—such as the Court of Small Causes in Mumbai or the Civil Judge Senior Division elsewhere in Maharashtra—under Section 33 of the Act for a declaration of tenancy and an interim injunction restraining illegal eviction. You do not have to navigate this dispute unprepared; you can use Caunsel to research relevant case law, organize your succession documents and rent records inside a secure case file, or connect directly with an independent property lawyer for tailored representation.

Steps

• Compile proof of continuous co-residence: Gather official documents showing you resided with the deceased at the tenanted address prior to their death (Aadhaar card, voter ID, bank statements, ration card, or utility bills).
• Obtain death certificate and family NOCs: Secure the municipal death certificate and have all non-residing or co-residing legal heirs sign notarized No Objection Certificates (NOCs) consenting to transfer the rent receipt into your name.
• Serve a formal written transmission notice: Send a written intimation to the landlord via Registered Post AD citing Section 7(15)(d) and Section 31(2) of the Maharashtra Rent Control Act, 1999, requesting issuance of subsequent rent receipts in your name.
• Tender rent by verifiable financial channels: If the landlord refuses cash or personal cheques, send the monthly rent via speed post money order, demand draft with a covering letter, or RTGS/NEFT to establish proof of regular tender.
• File a declaratory suit in the Court of Small Causes: If the landlord threatens dispossession or attempts demolition under the guise of redevelopment, file a suit under Section 33 of the Act for a declaration of tenancy and an order of perpetual injunction.

Common mistakes

• Paying illegal 'transfer fees' or cash premiums demanded by the landlord before confirming statutory transmission rights under Section 7(15)(d).
• Relying solely on a deceased tenant's Will to inherit tenancy without proving actual co-residence at the time of death.
• Stopping rent payments after the landlord refuses to issue receipts, which can give the landlord grounds to initiate eviction for default.
• Failing to obtain written NOCs from other legal heirs, giving the landlord an excuse to allege competing claims and delay recording your name.
• Vacating the premises or locking it temporarily, which landlords often exploit to take over physical possession.

Questions people ask

Can a landlord in Maharashtra charge a 33% transfer fee to transfer pagdi tenancy to a legal heir?

No. While Section 56 of the Maharashtra Rent Control Act, 1999 allows landlords to receive consideration for voluntary transfers or assignments to third parties, Section 31(2) explicitly bars landlords from charging any consideration or fee to record the name of an eligible co-residing legal heir under Section 7(15)(d).

Can a pagdi tenant pass tenancy rights to a legal heir through a Will?

No. In Maharashtra, statutory pagdi tenancy cannot be bequeathed by a Will. Tenancy passes purely by statutory succession under Section 7(15)(d) of the Act to the family member who was actually residing (or running the business) with the deceased tenant at the time of death.

What happens if multiple family members were living with the deceased pagdi tenant?

Under Section 7(15)(d), the family members who co-resided with the deceased can mutually decide who succeeds to the tenancy and submit affidavits and NOCs to the landlord. In the absence of an agreement, the Court of Small Causes or the competent civil court has jurisdiction to decide which heir succeeds to the tenancy.

What should I do if the landlord refuses to accept my rent after the tenant dies?

Do not stop tendering rent. Send the rent via cheque, demand draft, or money order accompanied by a covering letter through Registered Post AD. Keep postal acknowledgments and bank statements safe as proof that you never defaulted.

General information only, last updated 2026-11-02. 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.