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TransferIng name of property name which is pagdi

(Querist) 13 November 2017 This query is : Resolved 
Hi! My mom wants to transfere her small pagdi system room on my name which is at charniroad ,Here landlord is demanding 20percent of the property amount just to transfere my moms name and put my name.Is it we have to pay 20percent as its huge amount fr me...kindly help.and if she wants to sell this room he wants 40percent. And to transfere the name if i want it registared than he says i will hv to bear the expense ..please advice me should i get this transfered on my name or can mom make a will.pleas help
Dr J C Vashista (Expert) 15 November 2017
You and your mother are just a tenant, if the landlord is willing to sell the demised property on consideration buy it, if interested.
Dr J C Vashista (Expert) 15 November 2017
Consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
Vijay Raj Mahajan (Expert) 15 November 2017
Pagdi system prevailing in our Indian society as such has no legal sanctions not legally recognized practice under the Transfer of Property Act or even under any state Rent Control Act.
The pagdi payment demanded or paid between landlord and tenant is purely personal agreement if anyone is not agreeing other party cannot enforce it through court order.
In your case landlord asking 20% as pagdi amount for changing name and 40% if you people want to transfer or in simple words sell to someone else.
Best solution is to find a buyer or new tenant who is ready to pay you pagdi amount of market value and share extra 20% along with your 20%, total 40% to be given to the landlord.
In this manner you safe 20% out of 40% to be given to landlord.
Vijay Raj Mahajan (Expert) 15 November 2017
Pagdi system prevailing in our Indian society as such has no legal sanctions not legally recognized practice under the Transfer of Property Act or even under any state Rent Control Act.
The pagdi payment demanded or paid between landlord and tenant is purely personal agreement if anyone is not agreeing other party cannot enforce it through court order.
In your case landlord asking 20% as pagdi amount for changing name and 40% if you people want to transfer or in simple words sell to someone else.
Best solution is to find a buyer or new tenant who is ready to pay you pagdi amount of market value and share extra 20% along with your 20%, total 40% to be given to the landlord.
In this manner you safe 20% out of 40% to be given to landlord.
Rajendra K Goyal (Expert) 15 November 2017
Local law and customs applicable, discuss with local lawyer.
Ms.Usha Kapoor (Expert) 07 February 2018
I concur with expert Vijay Raj Mahajan. Nothing more to say.


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