What are the legal rules of pagdi system for transfering room from father/mother to daughter?
Ashish
(Querist) 03 September 2012
This query is : Resolved
We have a house on pagdi sytem on my Dad's name in Malad, Mumbai. My dad expired last year.
I have 4 sisters out of which one sister is in very poor condition so we including my Mom thought of giving that room to my poor sister. I own a flat and my mom stays with me. We have made a affidavit with NOC from all my sisters and mom to give that room to my poor sister But my landloard is asking 4 lacs for name transfer from my dad to my sister. I need to know whether there is any legal rule as per law to give anysaid amount to the landloard. The landloard says that you need to give 33% of the current value of the room to me for transfer. we said that we will sell the room to my sister for only 50,000 as per our wish and then you take your 33% on 50k. but he is not agreeing and he is fighting with us. We have approached a lawyer, he is saying that nothing will happen.I am not sure what will happen to our room but i am helping my sister to recover from her poverty. Other question is whether any blood relation member can stay in pagdi system room as landloard is threatening my sister to leave the room immediately else he will throw all the things from the room.
I am confused what to do? can anbody help me out from this? we are ready to pay around 50k to the landloard but not more then that as he is demanding 4 lacs which is huge amount and we have not sell our room to any external third party..
ajay sethi
(Expert) 04 September 2012
under section 15 d)on the
death of the tenant, the members of the tenant's family, who were
residing in the premises would be deemed to be tenants.
he cant evict you from room without following due process of law .
ajay sethi
(Expert) 04 September 2012
dont pay rs 4 lakhs . contact a local lawyer and file declaratory suit
Ashish
(Querist) 04 September 2012
Hi,
Thanks for your advice.
I have now read the "Maharashtra rent control act 1999" which is clearly stating that on death of my father my sister is a Legal heir who can stay in this room and even she can claim transfer of name as per tenancy right. So the landlord can't evict her.
I need to now contact a good lawyer and file a declaratory suit as you said.
Thanks for your comments.
Lets see what happens next. Will post what happens further since landlord has also approached a lawyer to fight against us.
Ashish
(Querist) 05 September 2012
Now the landlord has sent a Notice via a Lawyer letterhead to say to my Sister as
"Your father expired six months before so his tenancy rights have been abolished as per Bombay Rent Act, If you are legal Heir/Successor of your Deceased father, you show your authentic documents of being succesor and to pay transfer charges otherwise you are not entitled to stay for a single minute in the said room premises else we will take legal action against you within 7 days"
I have now contacted a local lawyer and he is looking into this matter, But my Question is
1)Whether My married sister can stay in this room with her husband and children?
2)Do we really need to give the landloard any transfer charges?
ajay sethi
(Expert) 05 September 2012
on your father death your mother and your sisters staying in said pagdi room are legal heirs . they are deemed tenants . you msut be having ration card etc of said premises . your lawyer will reply to legal notice .
as far as your married sister is concerned after her marriage she becomes part of her husband family . she was not staying in said room which was on rent .
the landlord will transfer rent receipt to legal heir agreed upon by the legal heirs . he cnanot be forced to transfer it in name of all legal heirs . no need to pay him transfer charges . he is bound to transfer in favour of legal heir
please decide next course of action after consutling your lawyer
