Legal Question in Real Estate Law in India

You say it is a pagdi house. So you are not the owner. You have no right to sell it.

21.05.2012

Dear Madam,

Tenancy rights are not saleable, but are transferable with the consent of the Owner.

Has your grand father in law made a Will or any other document specifying his intention to transfer the tenancy rights to any of his son(s) or daughter(s) ? If he has done it exclusively in the name of your father-in-law, then by virtue of the Will, your father-in-law inherited the right to get the transfer of the tenancy in his name, with the consent of the Owner.

Next comes the issue whether there is a Will or any other document of your father-in-law of his desire / wish to transfer the tenancy after him to his wife (your mother-in-law) or his other son (your brother-in-law) or to your husband ? If there is a Will of your father-in-law stating his wish to transfer the tenancy rights in the name of your husband after his demise, your husband inherited the right to get the transfer of the tenancy in his name, with the consent of the Owner.

You come in the picture next, if and only if, and by virtue of the above sequence of documents being in existence to prove your tenancy right. Depending on the rapport you share with the Owner, the Owner may insist on a transfer fee to agree upon execution of each of the above transfers to issue the rent receipts in your name.

You can mail me for any further on-line legal advice at [email protected]

Regards,

A Pagari premises is generally a tenanted premises. A tenanted premises can not be sold.