Sharing in pagdi system propertty
Mohammad Ali
(Querist) 31 December 2013
This query is : Resolved
My father have two pagdi system property in Mumbai on his name. my father & mother both are died & i am leaving in one of the property since last 25 years, still the said property is on my father name.
we are 2 brother & 5 sister. my question is... as per Indian law & as per Muslim Law, is my sisters can claim their share in property & if yes how much share they can get as per muslim law.
ajay sethi
(Expert) 01 January 2014
make an application to landlord for transfer of rental receipts in your name . landlord will want NOC from other legal heirs for transfer of tenancy in your name .
ABDUL RAZIQUE
(Expert) 01 January 2014
Happy New Year
As per Muslim Law son has 66.6% and daughter has 33.3% share in parental property.
It is better for u that settle the matter amicably either u all may get loss.
T. Kalaiselvan, Advocate
(Expert) 01 January 2014
In your case, each son will be having 2/9th share and each daughter will be having 1/9th share in the father's property. As advised by expert Mr. Sethi, a NOC from all others for transfer on one's name will take care of the requirement.
Kishor Mehta
(Expert) 26 March 2014
Sir,
With due respect to the Experts,
Please understand a pagdi system premises is not owned by the tenant and therefore the tenant does not have any right to either share or divide as per his wish. The tenant has only a right of usage over the tenanted premises. He can neither Will or gift it.
It is the landlord's prerogative whether or not to transfer the rent receipt to anybody's name.
Good Luck,
Kishor Mehta
