Many pagdi rooms in old Mumbai have been in the same family for three or four generations. The rent receipts often still carry the name of a grandfather who died decades ago. That causes no trouble day to day, but it becomes a real problem the moment redevelopment starts, because the new flat is given only to the recognised tenant. Here is how tenancy passes after a death, and how to put your papers in order.
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Who inherits a pagdi tenancy?
A pagdi tenancy is not property that passes by a will in the usual way. Under the Maharashtra Rent Control Act, 1999, when a tenant of residential premises dies, the tenancy passes to a member of the tenant’s family who was living with the tenant at the time of death. For a shop or other non-residential premises, it passes to a family member who was using the premises for business with the tenant.
In practice, this means a son or daughter who lived elsewhere for years may not have a strong claim, while the family member who actually lived there usually does. Where several family members lived together, they often agree among themselves who will become the tenant.
Documents you will usually need
- Death certificate of the tenant
- Proof that you lived there with the tenant: ration card, Aadhaar, voter ID, school records or bills at that address
- Old rent receipts in the tenant’s name
- A family tree and affidavit listing all legal heirs
- No-objection letters (often notarised) from the other heirs in favour of the person who will become the tenant
- In disputed cases, a legal heirship or succession certificate from the court
Getting the landlord to change the name
- Write to the landlord with the documents above and ask for rent receipts in the new name.
- Keep paying rent on time. Do not stop paying while the transfer is pending.
- If the landlord refuses or does not reply, send rent by money order or bank transfer with a covering letter, and keep proof.
- If there is still no resolution, the tenancy dispute can be taken to the Small Causes Court.
Inheritance vs. selling the tenancy
Passing tenancy to a family member after death is different from transferring it to an outsider. A transfer to a third party generally needs the landlord’s consent, and in Mumbai it is customary for the landlord to receive a share of the pagdi amount. The Rent Control Act permits pagdi on such transfers. Unauthorised sub-letting or transfer without consent can give the landlord grounds for eviction, and can also cost you your place in a redevelopment.
Why this matters so much for redevelopment
- In cessed buildings, MHADA’s Repairs Board certifies the list of eligible tenants. Unclear names slow the NOC.
- Consent forms and the PAAA must be signed by the recognised tenant. A consent signed by the wrong person can be challenged.
- Family disputes over one room can hold up a whole building of 40 or 50 families.
For landlords: before starting redevelopment, ask every tenant family to update its papers. A clean tenant list is one of the strongest signals to a serious developer.
Preparing your building for redevelopment? Mungekar Realty helps landlords and pagdi tenants across Mumbai get their papers ready and plan redevelopment properly. Call 98207 44734 or visit mungekarrealty.com.
Related reading for landlords and tenants: Sell or redevelop an old tenanted building? · The landlord–developer agreement: clauses to insist on · Getting pagdi tenants to agree to redevelopment
This article is general information and not legal advice. Succession of tenancy depends on the facts of each case; please consult an advocate.