Transfer of property from deceased husband to wife.

dear querist ,

the pagdi sytem was one of the syatem like rent agreement with deposited security to the landlord,in your query as per the pagdi deposited to the landlord , a rent agreement was executed between your fathers and the landlord ,after your fathers death this agreement is null and void as the agreement didnt transfers to legal heirs except the liabilities if arose due to the agreemnt of the deceased.so you have to initiate with rent agrement with the landlord from freshly start, feel free to call if you had left any query.

I differ to reply of above replier.

1. It “is” still prevailing a system in many parts of India.

2. Nether the Transfer of Property Act nor any Rent Control Act of any Indian State recognizes the term 'Pagri' and these paying and taking part whimsical percentage by the landlord etc. as we hear daily are all done as out of Court and purely as personal deals between two parties where there is no legal sanction or recognition it dwells.

3. The old rented property whether for residential or commercial purposes, where still the rent being paid is very nominal but the value of the property has arisen many folds the concept of this 'Pagri' system still exists and still being followed in many parts of India.

4. If you ask for relief before the Law regarding this then there exist no Law but as rightly said all Laws / Rules are made by the parties themselves in reference to context of your query i.e. if you and or your mother occupy a tenanted property which stood in your deceased father's name but now you want that to have your or your mother’s name in it in reference to context then definitely the landlord will ask for his share for this but if you and or your mother continue to live in the property in reference to context then after the death of your father the contractual tenant you and your mother had not automatically become and only the statuary tenant can be evicted from the property according to the Rent Control Act applicable to your City / State.

5. However in event of the death of your father being a contractual tenant, the tenancy will not pass on to you or to your mother be it through Will or through Succession Laws of parties vis-à-vis landlord property in context as only contractual tenancy can be inherited not the statuary tenancy.

What it means here is that in that case either you and or your mother pay the revised amount of money asked in the form of 'Pagri' to the landlord and become the new contractual tenant with the tenancy in your and/or your mother’s 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 intruder in to his property.