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Mr Ab (b)     22 May 2012

Pagadi property

To experts,

My grandfatrher haev 3 sons n 2 daughters.he had a pagadi property in mumbai which was passed on to my grandmother after he died. Now  grandmother didnt made any will and has died in 2008. Only fathers family  were staying at that place with my grandmother from 1981 till 2010 and now the propery is getting developed..

My grandfathers other 2 son had shifted to gujarat form 1980 and have no records in our ration card also.As the property is getting developed the builder had got into agreement with my father only.

My question is

1)Can they demand right in property now?

I have heard that if from 1995 if i  am staying at that place no one can have right rather then my father only.



Learning

 3 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

The rights to the tenancy in a pagdi property devolve on the persons who were staying with the tenant at the time of his death or leaving the premises.

Hence no one else can claim the tenancy rights agaisnt you if you are staying for so long.

Also if your cousins have not asked for their rights until now why do you feel they will ask at this stage?

S Jadhav

Mr Ab (b)     23 May 2012

They are not my cousins. They aremy uncle and now tey are asking for their share in the said property. Is there any rule which says that my uncles can`t claim there rights in that property as we were living with my grandmother from 1980 till her death in 2008.

S Jadhav 98336 98330 (Jadhav & Associates)     29 May 2012

Your uncle can claim whatever he wants but if you do nto agree then he will have to go to Court and when he goes to Court, the Court will study the facts and if the facts are that you were staying with your grandmother when she passed away and she was a tenant at that time in the property, then the tenancy can be transferred in your name if all those who were satying with you at that time give you the NoC.

Since your uncle was not staying with you at that time he cannot stop the tenancey being ransferred to you or if it already transferred he cannot interfere in it.

And since you are occupying the property, he will have to approach the Court for his claim. You will have to wait until there is a Court summons issued in your name or reply to a legal notice sent to you. Till then you need not worry if the facts are as above.

S Jadhav


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