Legal Question in Real Estate Law in India

Selling a Pagdi House!
Hi my gradfather(Dad side) had a Pagdi house listed in his name in Fort area. After his death 2 brothers were jointly living in it and due to lot of harassment one family (mine) were forced to get out so there was only the other brother living there. There are 4 brothers in total out of which 1 has died, and 2 sisters. The brother currently living there wants to sell it but does not want to share it. I know the same situation was for my Mothers side Parents Pagdi property in Colaba and the landlord there were not willing for the property to be transferred for sale unless all brothers and sisters sign the transfer form. I know in the same building as my Dads father house for a neighbor dispute concerning a brother/sister and the matter went to court and the court ordered the house should be separated equally among the two. My question is what is the legal process of transfer for sale of a Pagdi house where the house is listed in the Grandparents name who is dead? Are all family members signatures required to sell it or can the brother currently living in it sell it by entering an agreement with the landlord and leaving everyone else out?

Asked on 3/27/11, 6:24 pm

Shrichand Nahar S.V.Nahar, Advocate

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Procedure is more mutual. By law, transfer of tenancy is not permissible.

Answered on 6/06/11, 11:34 pm

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