Inheritance of paghadi system residence
Mrs.n
(Querist) 28 March 2014
This query is : Resolved
Hi,
There is a 120 apprx sq.ft residence area of (paghadi) in Charni road.
“A” person aged 90 years old is staying in this house since last 50 years .His wife has expired 4 years back. He has 3 daughters and all of them are married.
Now, the person “A” is very old and not keeping well. The room in which he is living of paghadi .
There is no quarrels between 3 daughters.
Query
1) After “A” ---can his daughters inherit this property without any legal mess as this is paghadi system and landlord can create problem.
2) what happens to such property when its empty
3) can his elder daughter remove her name from existing rationing card (in laws place) and add name in his fathers rationing card so that claim in the room is protected.
4) The main reason for asking query is to get suggestion from you all experts how to protect the right in this property so that landlord do not create any problem in inheritance.
ajay sethi
(Expert) 28 March 2014
Under Mahrashtra rent Act, when tenant dies, any member of the tenant's family is residing with tenant at the time of his death will be entitled to the tenancy right in preference to other heirs who were not residing with the tenant at the time of his death. In absence of such member all the heirs will be entitled to the tenancy right. Therefore your daughters will be entitled to the tenancy right. There is no necessity to make any legal arrangement
Mrs.n
(Querist) 28 March 2014
Dear Sir,
Many thanks for prompt reply.
Sir , I am sorry for using the word landlord. it is trustees. all the bills like electricity/rent etc comes in name of "A".
we have heard that if we sell that room some 3rd part of the consideration we have to give to trustees.
QUERY
1) Right now "A" is not well and living with his one of daughter and that room is empty.so no one is staying there now and in future also there is no chance of any one can stay there and all 3 daughters do not wish to sell the room right now till "A" is alive .
2) After A--daughters will sell the property and can take equal shares .is there any problem will be created by trustee to sell the room ? After 'A"-- can daughter claim the ownership rights to sell the room as NO ONE WILL BE STAYING THERE .
3) After -A can trustees take back the room saying that since all daughters are married and room is empty.
4) the option of removing name of elder daughter from existing ration card and adding in the name of his fathers ration card will work ?? is there any harm to elder daughter if this is done like problem in lic , mediclaim etc.??
5) - Mr. "A" IS IN TENSION THAT AFTER HIM , THE TRUSTEES will TAKE BACK THE ROOM AS HE HAS NO SON AND ALL DAUGHTERS WILL NOT GET ANYTHING.MR.A SINCERELY WANTS TO GIVE THIS PROPERTY TO 3 DAUGHTERS.BUT NOT SURE ABOUT TRUSTEES .SO ANY SUCH LAWS ETC ARE THERE WHERE "A" CAN SAFELY INHERITATE HIS RIGHTS to daughetrs
pl.pl.do suggest
Mrs.n
(Querist) 28 March 2014
Sir pl.suggest
ajay sethi
(Expert) 28 March 2014
i have already clarified that on death of A rent receipt would be transferred in name of legal heirs ie 3 daughters . they can then sell the room if they so desire
it trustees refuse to transfer they can move court in this regard .
in the alternative A can after obtaining prior consent of trustees sell the room to third party . take 2/3rd share and give 1/3rd to trustees
Kishor Mehta
(Expert) 28 March 2014
Sir,
With due respect, I beg to differ, the tenant has the rights of usage as governed by the Maharashtra Rent Act 1999, the tenant does not have absolute rights of ownership over the tenanted premises and he can neither Will, sell or gift the premises.
[1] The family members of the tenant, related by blood to the tenant, and residing with him since before six months of the death of the tenant can be termed deemed tenant, and have rights over the premises to the exclusion of other family members.
[2] In the event of the tenant residing alone at the premises, all family members shall have respective rights of residing at the premises.
[3] The premises can be sold with the permission of the owner/trustees only.
Good Luck,
Kishor Mehta
