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What rights do tenants have under Pagdi System in Mumbai
02-Nov-2023 (In Landlord/Tenant Law)
A (male) and B (female) are a childless couple residing as tenants under the pagdi system in Mumbai. The rent receipt was in A's name. A passed away followed by B. Now B's brother, Mr. 'S' i.e. A's brother in law claiming rights to property as tenant(tenancy rights). 1. How to recover possession. 2. Does it matter if Mr. S was staying with the couple when they died? or does tenancy devolve to him?
Dear querist the person residing as a family member inherits the tenancy rights as per thr Maharashtra Rent Control Act which Depends on the personal law. For recovery of tenanted premises/declaration/injunction/ enforcing any rights you need to file suit in small causes court
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Adv. Jitendra Ahuja
Mumbai | 100+ Answers
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Except family legal heirs tenancy cannot be transfer. If no one claimant then other relatives can file RAD suit for claiming tenancy property. if s was residing then also he need he de Declration order of court. Tenancy cannot device except the legal heirs of tenant
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Adv. Manoj Phoolchand Jaiswal
Mumbai | 25+ Answers
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First of all who wants to recover possession?
If 'S' has taken a stand that he is the tenant if the premises because at the time when original tenant expired he was residing in the premises then he can do that as per the provisions of Maharashtra Rent Control Act. If a Landlord wants to recover possession then rather he can execute Consent Terms and settle the matter and execute Agreement of Tenancy with him. It is pertinent to know who is claiming the possession.
If 'S' has taken a stand that he is the tenant if the premises because at the time when original tenant expired he was residing in the premises then he can do that as per the provisions of Maharashtra Rent Control Act. If a Landlord wants to recover possession then rather he can execute Consent Terms and settle the matter and execute Agreement of Tenancy with him. It is pertinent to know who is claiming the possession.
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Adv. Sameer Jagtap
Mumbai | 25+ Answers
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