Padgi building is abolished by municipality then are the padgi rights disolved?
1 year ago
What if the land on which the first and ground floor are give as padgi gets demolished by municipality as as dilapidated are the right of the tenancy dissolved and the land now belongs to owner and he can construct on the same ? Also is the padgi rights transferred via inheritance or by will in place?
A.Dear Client
Answering your second question first, the tenancy rights gets transferred by inheritance or will but through a legal process.
Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, states that a tenant’s family member who has been living with the dead tenant at the time of his/her death shall be eligible first from the family as the successor to succeed the tenancy. Upon the demise of a current pagdi tenant, the tenancy rights can only be transferred to that legal heir(s). The new tenant (legal heir) can request the landlord to issue a fresh rent receipt in the heir(s) name(s). But testamentary succession is not possible, as tenancy rights are peculiar to the tenant and therefore a tenant cannot bestow his/her tenancy rights under a Will.
Secondly, he can construct on the same after the buliding is demolished as land belongs to him.
Hope it helps
Answering your second question first, the tenancy rights gets transferred by inheritance or will but through a legal process.
Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, states that a tenant’s family member who has been living with the dead tenant at the time of his/her death shall be eligible first from the family as the successor to succeed the tenancy. Upon the demise of a current pagdi tenant, the tenancy rights can only be transferred to that legal heir(s). The new tenant (legal heir) can request the landlord to issue a fresh rent receipt in the heir(s) name(s). But testamentary succession is not possible, as tenancy rights are peculiar to the tenant and therefore a tenant cannot bestow his/her tenancy rights under a Will.
Secondly, he can construct on the same after the buliding is demolished as land belongs to him.
Hope it helps
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