Vijay Malik 24 August 2018

Process to transfer or will a pagdi system flat

My wife's 2 aunts (mausi) are currently tenants in rent controlled property in South Bombay. They don't have any source of income and are dependent upon my wife. My wife spent most of her life in that house but shifted to another house few years back. Rent receipts are currently in the name of one of the aunts. Now that the two aunts are very old and currently ill we are wondering what happens to the property. My question is can my wife inherit this property? What is the right way? Can it be willed to my wife? Does she have any claim on this property?

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Adv. Varun Vij (Advocate) 24 August 2018

Hello,

Tenancy rights cannot be bequeathed by will, on demise of your aunt an application should be made to landlord to transfer tenancy rights in favour of the wife. It can be transfered only to person residing with her during her death.

In the event landlord refuses to transfer tenancy rights, the legal heirs will have to move court and obtain orders from court.

But first approach the landlord for conversion of pagdi flat into ownership.

Also, there was an amendment in Tenancy Act in 1974, in regard to ownership. Please refer to that too.

Adv. Varun Vij

Juris Falcons Law Group

8779007569

Vijay Malik 24 August 2018

Thanks. Another clarification about what you mentioned " It can be transfered only to person residing with her during her death." is there a period that qualifies as "during"? Like last few days, months or years?

Process to transfer or will a pagdi system flat

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