pagdi propert - rent control act
bk
(Querist) 13 June 2017
This query is : Resolved
My grandmother lived in a tenant flat with 5 of her children. 3 daughters and 2 sons.
3 daughters got married and moved out. Younger son too moved out after his marriage due to lack of space. Elder son remained with grandmother with his wife and kids. As soon as grandmom died, he transfereed rent receipt on his name without asking NOC from other siblings.
I am a daughter of the eldest daughter and want to find out on my mom's behalf now to get the remaining 4 sibling's share..
I understand that in pagdi, the family member who stays with the original tenant at the time of their death becomes next tenant so the elder son may hv rightfully transfereed rent receipt on his name. But this way, married daughters will never be able to claim on pagdi as they are most likely to be staying with their husbands. Isnt this contradicting the succrssion act ? Can we challenge it ?
Thank you.
Bk
Kishor Mehta
(Expert) 13 June 2017
Madam,
Succession act applies to properties owned, here you are citing a rented property which is not owned by your grandparents.
The siblings should have taken objection when the
Kishor Mehta
(Expert) 13 June 2017
One of the brothers transferred the rent receipt in his name. In a rented property the name on the rent receipt and evidence of residence play very important role in proving tenancy rights.
Good luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 14 June 2017
Tenant is tenant, he is not owner. Tenanted property can not be claimed by legal heirs like owned property.
bk
(Querist) 15 June 2017
Appreciate the quick response everyone..
Mr. Mehta..you mentioned that siblings should have taken a objection when one of the brothers tranaferred on his name..however, the other siblings were kept in the dark.
What can be done now ?
