Transfer of property
Adnan
(Querist) 04 December 2012
This query is : Resolved
We are living in a property which is in the name of one of our distant relatives (whose whereabouts cannot be traced), we wish to transfer this property in our name. We are residing in this place since 1950, but we have proof in form of electricity bills from 1980's.
Can anybody guide me how can we transfer this property in our name and what would be the approximate cost. Area (in sq. ft) = 350, location = south Mumbai
Raj Kumar Makkad
(Expert) 05 December 2012
First of all you shall to get declared your relative as civil dead by filing a civil suit before civil court and once he is declared dead, you can claim his inheritance and can get it mutated in your name by establishing relationship. Take help of local lawyer and fee differ from place to place and person to person.
Adnan
(Querist) 05 December 2012
Hello Sir,
The problem is that he is extremely distant relative & the relationship cannot be established. My Grandfather had received this property as a gift from him.
Regards
ajay sethi
(Expert) 05 December 2012
is there any gift deed in writing duly stmaped and regd?
Adnan
(Querist) 05 December 2012
Hello Sir,
We are not having any gift deed. In short we are not having any legal property papers.
Regards
ajay sethi
(Expert) 05 December 2012
well then how can you have property transferred in your name . you are only a distant relative .
Adnan
(Querist) 05 December 2012
That's precisely the problem,
This property belonged to a distant relative of my grand father who is most probably dead with no inheritance claims.
ajay sethi
(Expert) 05 December 2012
well the property must be worth a crore now . since it is 350 square feet and in south mumbai . you have had un interuppted posession for 32 years . property cannot be transferred in your name but you can continue to be in posession
Adnan
(Querist) 05 December 2012
Hello Sir,
Thanks! Would like to enquire further if the building owner decides to sell the building, then what will be our position in that case.
ajay sethi
(Expert) 05 December 2012
you seem to be changing facts of case with every reply . where did you menton earlier that it is pagdi premises?
Adnan
(Querist) 05 December 2012
Hello Sir,
Thanks! Actually we are not aware about the system of pagdi premises.
Can you advice us what are our rights as the tenants under this system?
I would further like to bring to your notice that we are paying only minimal rent of Rs.150/- per month directly to landlord.
Your advcie in this matter shall be of great help.
Thanks again
Regards
Adnan
(Querist) 05 December 2012
Hello Sir,
Thanks! Actually we are not aware of the system of Pagdi premises.
Can you educate us on the rights of the tenants in pagdi system?
We would further like to bring to your notice that we are paying a minimal monthly rent of Rs. 150/- directly to our landlord.
Thanks again
Regards
ajay sethi
(Expert) 05 December 2012
if you are paying rent of Rs 150 per month landlord cannot evict you without follwing due process of law .
Adnan
(Querist) 05 December 2012
Thanks for the response Sir,
Therefore if the landlord decides to sell this property, Would we get the property value even if it is in the name of a distant relative (as mentioned earlier in my previous query) whose wehreabouts are not known?
(Since we have been paying rent and we can also produce receipt for the same for last 30 years)
Regards
ajay sethi
(Expert) 05 December 2012
you are not a tenant . the tenant is your distant relative . ont the wherabouts of he tenant not been known for years then it is presumed that he is dead . i presume police complaint was lodged that he is missing . order has to be obtained from court that since he is missing for more than 7 years he is declared dead .
if he has no immediate heirs then his surviving legal heir who was stayig with him can have tenancy transferred i n his name
Adnan
(Querist) 05 December 2012
Thanks Sir! Since we have not done that procedure of transferring the property in our name previously.
Will we get the property value if he decides to sell the building, even if we do not transfer it in our name.
Building owner is asking five lakhs rupees for just the transferring it in our name. But we do not want to pay such a huge amount. Hence would we be in trouble if the building goes for sale.
Thanks a lot for your replies.
Regards
Devajyoti Barman
(Expert) 05 December 2012
Do not crave for more. Continue enjoy the possession.
Raj Kumar Makkad
(Expert) 05 December 2012
If building is sold then definitely your rights has extinguished in the property so better to make any settlement.
