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(The legal provisions, case laws and link to an a related LCI article)
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17 July 2019
There's a small room on the name of my grandmother in Kurla W We want to sell it but its under the pagdi scheme Its currently not been transferred. There is will declared by my grandmother to transfer it to me. She and my dad is no more. The owner has also passed away and the current claiming owner doesn't show any proof of he being the owner and is not acceptable the rent yet. In such scenario how should i sell thia property?
19 July 2019
Pagdi system implies that your ancestors were tenants and a tenant can never become owner. Since you are not the owner(titleholder) you have no right to sell the property despite the fact your grandmother has bequeathed it in your favour. It would be advisable to consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
21 July 2019
WHILE AGREEING WITH THE ABOVE OPINIONS: 1. GM has bequeathed to you the "Tenancy rights", which is literally perpetual, irrespective of the Land Lord's contentions or situation or non-availability. Arrange to have a one-to-one consultation session with a local "property lawyer", for final analysis & solution to your query.
2. File Civil Suit for declaration, based on the GM's WILL and seek directions and you can deposit the scheduled Rent in court, by following due procedure of law.