Pagdi system -transfer of of house to her daughter

Querist : Anonymous (Querist) 02 September 2023 This query is : Resolved
Hello
My grandfather live in house which comes under Pagdi system.He died few days ago.
Now my grandmother wants to transfer this home to her daughter. He has 3 sons and 1 daughter. 2 sons might appose to sign in NOC. Owner has not taken rent for more than 13 years now. The land has been sold to one politician in 2016 . So how to transfer the tenancy rights to her daughter.

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kavksatyanarayana (Expert) 02 September 2023
As it was already sold, your mother cannot transfer tenancy rights.

Dr. J C Vashista (Expert) 03 September 2023
What is your interest / concern / dispute and locus standi ????

T. Kalaiselvan, Advocate (Expert) 03 September 2023
The pagadi tenancy is not inheritable as a right by the legal heirs.
This property seems to have been sold hence transfer of the rental agreement has to be with the consent of the new owner .
You can approach him on all such further issues because your grandmother is not competent to decide about this issue.

Querist : Anonymous (Querist) 03 September 2023
whats the procedure to chnage the name in documents like Electricity bill, Water bill etc from grand father to his daughter . What we have to do since we are living in pagdi system since more than 50 years
If we approach new owner that is politician if he demand sum of money for name transfer then how much money he can demand if property value is 15L
we are concerned about money he will demand for name transfer if he says give me 6 or 8Lakh
how will arrange for this money
and if sents notice that please leave house then where will go
He is strong and famous politician
please help about legal procedure what we can do and how to do
Please remember 2 sons of my grandfather may oppose for NOC
will NOC BE REQUIRED? PLEASE HELP SIR

Querist : Anonymous (Querist) 03 September 2023
Please help sir for legal procedure

T. Kalaiselvan, Advocate (Expert) 04 September 2023
This property was taken on rent by your grandfather.
The tenancy in the Pagdi system can be transferred to the legal heirs only.
Under the Pagdi system, upon the demise of a current pagdi tenant- the property can be transferred to a legal heir(s) i.e., your grandmother and her children.
If she wants to get the property transferred to her name or any one of the legal heirs then the other legal heirs have to express NOC in writing duly notarized after which the landlord will consider the request for transfer.
After that the landlord can be requested to create a new rent agreement.

Querist : Anonymous (Querist) 04 September 2023
Hello sir
1. NOC IS DIFFICULT AS 2 SONS OPPOSE FOR DECISION
2. LANDLORD CAN DEMAND FOR MONEY FOR NAME TRANSFER IF YES HOW MUCH ?

T. Kalaiselvan, Advocate (Expert) 04 September 2023
Even if the landlord is demanding money, without NOC from other legal heirs he cannot transfer the property or rental agreement to your name

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