Legal Question in Real Estate Law in India

I am from MUMBAI. My Grandfather has passed away in 1998. He has prepared the WILL of his residential property (Tenancy property under PAGDI system) where in all rights of that property has been transferred in my name.

However, our landlord does not confirm the same, as he says that the transfer of rent receipt can only be done in my GRNADMOTHER's name and subsequently to the 3 sons (My dad and my 2 uncles.). According to him, the WILL is not applicable in case of PAGDI.

Please confirm and clarify the status.


Asked on 6/01/11, 6:51 am

2 Answers from Attorneys
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

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Answered on 6/01/11, 6:54 am
Jyotishwar Bhosale Advocate, Bombay High Court

Hi,

With respect to your query, Landlord is guiding you the right stuff. Your grandfather was the tenant(Pagadi System), so he has no right to sell it, which inturn means his 'will' is not binding the said tenanted property.

One way out of this is, if your grandmother is ready to transfer the said property on your name, she can do it and you will have to pay 30% of the said property to Landlord to take your name on record.

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Answered on 6/01/11, 7:21 am


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