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Pagdi property in south mumbai

(Querist) 08 January 2017 This query is : Resolved 
Hello,
My father has a pagdi property in South Mumbai under his proprietor firms name and paying rent from last 16 years. He keeps his business materials in this property. He has expired. His will mentions that this property should be inherited to his daughter i.e. me. However the landowner says that since my father is dead, this property is his and is not willing to transfer the name on rent receipts and also not ready to accept the rent. What should I do now? What are my options?
adv.bharat @ PUNE (Expert) 08 January 2017
You can hand over peaceful possession to the legal owner.
Rajendra K Goyal (Expert) 08 January 2017
Discuss with local lawyer and in case of need deposit the rent in court.
Ms.Usha Kapoor (Expert) 09 January 2017
Agreed with experts.
Ms.Usha Kapoor (Expert) 09 January 2017
Agreed with experts.
Shah (Querist) 09 January 2017
Just to be clear, the legal owner of this property is still me. Is that correct or are you saying that the legal owner is the Land owner?
Shah (Querist) 09 January 2017
This query is still open.
Kishor Mehta (Expert) 09 January 2017
Madam,

Please understand that a pagdi property in Maharashtra can not be Willed. However you are protected under the Maharashtra Rent Act 1999.

You can claim deemed tenancy rights being the only legal beneficiary of your father.

It is important to preserve all the material evidences showing the tenancy of your father.

You may send the total amount of rent due per money order to the Landlord. If he refuses to accept the money order, please safe keep the postal receipt and returned money order document as proof that you are willing to pay the rent.

Good Luck,
Kishor Mehta
Rajendra K Goyal (Expert) 14 January 2017
May proceed as advised by the expert Kishor Mehta.
Adv. Yogen Kakade (Expert) 14 March 2017
Rightly guided by Mr. Mehta


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