LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Toral Sampat (Assistant Executive - Complaince )     27 May 2014

Pagdi system

Respected Learned Members,

Need your guidance. Please see my below query.

My mother owns a flat in south mumbai which is purchased by us under pagdi system.
We are two sisters and we both are married.

My mother wants to make a WILL in which she also wants to divide the property(flat) between us.

My query is:
1. Can she make a WILL for a flat under pagdi system;
2. Do we need to communicate the same to the building landlord;
3. Do we need to get the WILL registered;
4. Who can be the witness for the WILL;
5. Any other point to be considered while making of a WILL.

Looking forward for your valuable advice.

P.S. - Me and my sister are the only legal heirs.


 



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 May 2014

leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real propertyby some form of title from a lessor or landlord. Your mother is not title holder. So she is not having right to write a WILL.

Laxmi Kant Joshi (Advocate )     27 May 2014

Toral , your mother have no right over the said property as she is not the owner of the property hence she cannot make her will for this property.

Toral Sampat (Assistant Executive - Complaince )     27 May 2014

Thank you Mr. Ramachary and Mr. Joshi

As per your advice, since the property is held under pagdi system a WILL cannot be made by my mother. What will be the legal heirs position in case of  no WILL after the owner of the pagdi property is no more.

 

Regards,

Toral

T. Kalaiselvan, Advocate (Advocate)     30 May 2014

Though no Will can be made, the legal heirs are entitled to the benefits of the property under pagdi system, you should prove that you are legal heirs if necessary.

Toral Sampat (Assistant Executive - Complaince )     01 June 2014

Respected Experts,

Thank you so much for your valuable advice.

Will act accordingly.

 

Regards,

Toral

Toral Sampat (Assistant Executive - Complaince )     05 June 2014

All Learned Members,

 

As suggested by you all, I had a discussion with my sister and mother.

Sir, can you please tell me the procedure for obtaining legal heir certificate and can it be obtained during the lifetime of my mother?

I want to close this matter ASAP as the landlord is a person who believes in non cooperation.

 

Thanking you all in advance,

Toral Sampat 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register