I am a pagdi tenant in Kharagpur and want to sell my tenancy rights, can I do so without the landlord's consent?

Detailed Legal Analysis

Under the pagdi system, the tenant has a right to transfer his tenancy rights but the landlord is entitled to a share of the transfer consideration. In Kharagpur, you must obtain the consent of the landlord or follow the procedure prescribed by the rent control law for transfer of tenancy.

The Calcutta High Court has held that the landlord cannot unreasonably withhold consent to transfer of tenancy. West Bengal Premises Tenancy Act 1997 may prescribe the procedure for transfer of tenancy and the share of the landlord in the consideration.

You must give notice to the landlord of the proposed transfer and the consideration. The landlord has the right of first refusal in some cases.

If the landlord refuses consent without reasonable cause, you can approach the court for relief. The transfer must be registered and the new tenant must be recognised by the landlord.