Uncle and aunty's share in pagadi system house owned by grandfatherfather
Kiran
(Querist) 01 May 2014
This query is : Resolved
Hi,
I am asking this query on behalf of my father, please advise. My grandfather has 3 sons and 1 daughter. Out of three sons one is already died. We own a house in pagadi system in Mumbai and we are staying there for more than 40 years now. My aunty is married since more than 40 years same with my uncle also. My uncle left the house 35 years ago and since then we are staying there. My grandfather didnt made any will. Now the house is in my fathers name. My uncle demanded for his share two years back to which my father, the landlord and my uncle mutually agreed for an amount of 6.5L as his share. We requested him for a period of 2 years to pay this amount to which he agreed but now he is demanding more as per current market rate. We want to solve it amicably and are ready to pay them as agreed. We would like to understand in such case when house is in my fathers name, can my uncle demand high amount other than what he mutually agreed to? What should be the legal share for my aunty in this property?
P. Venu
(Expert) 01 May 2014
Was the earlier agreement in writing or in the form a settlement?
Rajendra K Goyal
(Expert) 01 May 2014
The terms and conditions of agreement need to be seen if it was in black and white. Consult a local lawyer.
Kishor Mehta
(Expert) 01 May 2014
Sir,
Please clarify your query further.
As per Maharashtra Rent Control Act 1999, a tenant does not own a rented premises, he has only statutory rights of residence. The tenant can not Will or sell the premises, other legitimate members of the family can only demand a right of residence.
Since the tenancy rights are not ownership rights but statutory rights of residence, these can not be shared or sold for monetary considerations.
Under the circumstances your uncle has no right to demand any monetary consideration for his share. He can only come any stay with you.
Good Luck,
Kishor Mehta
Sankaranarayanan
(Expert) 01 May 2014
better to consult local lawyer and act according their advise. Here mr sethi is available , he will guide you well
Kiran
(Querist) 02 May 2014
Thank you for your advise.
