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Amit (CSM)     26 February 2014

Transfer of ownership - pagadi system

Hi,

My house is in Dadar which is in a 75 yrs old chawl/bldg tkn by my late grandfather then under pagadi system.

He expired, after which my father did not transfer the rent recpt to the heir. My father too expired in 1986. leaving behind my mom and we two sons.

As there was no male person in the family to tk up, again the transfer got stalled. We some how later got the rent recpts transfered to my grand mothers name. We still are paying rent regularly.

After death of my granny, till now we have not been able to transfer the name as the landlord stays in some other state and is not easily accessible.

Now its my Me, my Mother, and elder brother who are the heirs of the house. It has been decided that this house will be given to me in future.

Considering the pagadi system and current recpt in the same of my granny:-

1) what legal documents should I prepare to transfer recpt in my name.

2) to be safe do I need to take anything in writing/afidavit from my mother and brother confirming the transfer willfull.

3)  We brothers do not get along too well and i see he retracting from his words in future. what document do i get him to sign so that he does not come back later and create issues for me.

4) I dont see redevelopment in another 5/10yrs, what precautions do i take, as i am currently not staying in that house as i am in another city due to my work for the last few yrs.

 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 February 2014

if you occupy a tenanted property which stood in your deceased grandfather's name but now you want that to have your father's name,then definitely the landlord will ask for his share for this but if you continue to live in the property then after the death of your grandfather the contractual tenant your father had become the statuary tenant can be evicted from the property according to the Rent Control Act applicable to your city/state, however in even of the death of your father being a statuary tenant,the tenancy will not pass on to you as only contractual tenancy can be inherited not the statuary. What it means in that case either you pay the amount of money asked in the form of 'Pagri' to the landlord & become the new contractual tenant with the tenancy in your name or you will find yourself out in the street without the landlord having court decree for your eviction as you will neither be a contractual nor statuary tenant but only an intuder in the property.

T. Kalaiselvan, Advocate (Advocate)     28 February 2014

Whether occupied the property on the basis of pagadi and paying the rent regularly, will confer the title to the property to the tenants? it will not hence instead of following the legal route, follow the practical route o this issue. I agree with the opinion of my friend learned Advocate Mr. Ramachary on this issue.


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