Response
The tenants living with pagdi system in non-cessed buildings before June 1996 are eligible for new flats whenever their building is redeveloped according to new guidelines introduced by the BMC.
If a tenant has transferred the pagdi system flat in the name of another person after completing the required legal formalities, the new occupant will have requal rights and will be eligible to get accomodation after redevelopment.
After redevelopment, the tenants shall become the flat owners.
Under the pagdi system, the landlord is the owner of the property but possession of the property lies with tenants who pay minimal rent as these properties are covered under the Rent Control Act.
However, it is necessary to identify the eligible tenants to protect their rights and to ensure that they vacate the premises without fear when the building goes in for redevelopment.
Since you have been living there for a long time, you are considered a tenant but you can get a transfer of rent receipt from the landlord to avoid any hindrance in getting an acomodation after redevelopment.
Yes, you and your brother, both can mention their names in the rent receipt with the consent of the landlord.
You cannot force the landlord to sign the transfer the rent receipt and hence the transfer can only take place if the landlord permits it.
Reference: Maharashtra Rent Act 1999
Rent Control Act – 202100471-20210042-15629
LAW155
LAWAYZ-2023-877