Property as a pagadi shop

@ Author,


1. There is no Law to the best of my knowledge for Pagadi System in India?. I volunteer to be updated on this by my ld. brothers.
2. The brothers have rightly issued him Legal notice, to add their names. But it is more on the grounds of creating some evidence for Court purposes in future rolling you also into it as probably initially you might not have agreed feeling relaxed of doing the division earlier whatever is my view!
3. In my opinion when such request was made within family it should have been your duty to issue legal notice to Landlord with consent Letter of heirs along with respective affidavit of all Legal Heirs.

However let us wait to hear what property law experts say on this query. Also feel at liberty to ask this question under Property law Forum in LCI that we have.

Hello every one,

I have pagadi system shop, from last 40 yrs it is under name of my father, he expired in yr 2006, after that i transferrd all the activites of the shop under my name (including bill, license of the shop from land lord to my name), but the said shop owned by my grand father & after his death this shop was transfer on my father name, after yr 2006  , it is transferrd to my name. 

In yr 2003 my father has prepared consent letter, in which he stated the division of the shares with his brothers n sisters ( 4 borthers n 5 sisters) & that time all of them signed on it n agrred to follow that consent letter, but the same consent letter was not registerd at that time. 

After my father death i have doneall  division of the same with his 2 borthers n 5 sisters , remaining two brothers were not agree to take the division as per consent letter, now this 2 brothers are saying that land lord should include their names on rent receipt & they had send legal notice to land owner.

I have a question that at current date the rent receipt is on my name, will land lord has rights to include those 2 brother name on rent receipt.

pls reply  at earliest, 

yours needful

Mangesh

One way to solve your repeat query - File a suit in Small Cause Court for RAD Tenancy Declaration and Deposit of rent in Court. The Small Cause Court will declare you as rightful tenant and dismiss their rights rightly. Reason being there was a un-registered Consent Letter from late father side which was once agreed by all his legal heirs.

Other way to solve your repeat query - Once the notice was issued the landlord will always insist to sort out internal matters within family first. Failing which whosoever are legal heirs in Class I after paying current Pagadi Rent deposit can get his/her name included in rent receipt which then becomes matter between Landlord and (rightful) Legal Heirs though normally followers of such old system rarely do so. Reason being bringing any of late fathers legal heir as adding name in rent recipt causes new tenancy for the premises and the Landlord is bound ot ask for fresh pagadi and whoever pays him the amount the landlord can give the rent recipt of the tenancy in that persons name, here the court will not interfere whether this whole process is being done at the will of the Landlord and in agreement with one of the legal heir with or without the permission of other legal heirs that may be the reason other legal heirs might have sent Landlord a notice and Landlord may be silent uptil now.

Hence in my opinion sort the matter out within other legal heirs once again stating that least the Court will not evict legal heirs from the shop which is infact true in these old Pagadi System of renting which is very old system and has no legal sanctity, failing which approach Small Cause Court and get RAD Tenancy Declaration under your name (showing succession certificate / un-registered transfer certificate that you talked in yoru brief) and relief to deposit of rent in Court.

Also approach a local advocate handling Small Cause Court matters instead of a third time putting same question here. If this is a case of Mumbai then note that the Small Cause Court is at Dhobi Talao area which is where Father of Nation; Late Mahatma Gandhi started his court practise from after his return from SA. It is a historical 1850 - 1918 ground plus four story small building with lovely architecture. Whenever I visit Mumbai I spend few minutes to remember this great historical place. Infact when India’s first comprehensive rent law—the Bombay Rent Control Act - was enacted in 1947 and later on it was from this very Small cause Court especially in Appeal Number 101 of 1948 a classic Judgment on how to fix a ‘fair rent’ was passed and the principles laid down in this very historical Court were used by other States in their laws later on.