Help required
Mukta Agarwal
(Querist) 10 May 2016
This query is : Resolved
Dear Sir,
There is a property which my grandfather has bought on his name under pagdi system.
The place was bought 40 years ago. As my father is not there so my grandfather now wants to transfer the name to my brother.
Can I understand the legal implications involved in it. Further do we need to pay any amount to the landlord in case of Name transfer?
Would appreciate if'll I'll get help on the same.
P. Venu
(Expert) 11 May 2016
In the Pagdi system, the tenant's rights are transferable and heritable. However, the extant procedure is unsettled. You may seek the guidance from a local lawyer.
Mukta Agarwal
(Querist) 11 May 2016
Dear Sir,
Thank you for your valuable inputs but I wanted to understand if we make a WILL without the knowledge of the landlord will it be fine and one more thing my father has a sister so does she has the rights on the property.
Hemant Agarwal
(Expert) 14 May 2016
1. EXCEPT the Tenant, nobody has any "residence rights" in a Pagadi System residence.
2. A will does not require any NOC /Consent from anybody, whosoever, AND can be used to bequeath "tenancy rights" to legal heirs. BUT a will CANNOT be used to transfer the residence property.
3. Transfer of Tenancy Rights, is at the sole discretion /terms of the Land-Lord.
Keep Smiling .... Hemant Agarwal
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