Pagadi redevelopment - right of married daughter
Ranjan
(Querist) 26 December 2013
This query is : Resolved
i am Mr Ranjan staying under Pagadi system in Mumbai since last 50-60 years now. Room is in my father's name who died in year 2008. i have not transferred the room in my name yet but i am staying there since all these years.
i have a sister who is married 30 years ago & stays with het husband at a distant.
proposals are made to redevelop the said Building.I am paying electricity bill & rent of this room. I have all documnets like rent receipts , electricity bills , ration card with me. My sister has sent legal notice on me to claim her equal right/ compensation for this room on redeveopment.
(1) is she entitled to claim her right?
(2) what documents i need to prove?
(3) under which section i can prove her wrong?
(4) legal notice sent by her will stop me from redevopment & subsequently taking the new rooms keys?
Your help in this matter is highly required & appreciated.
Thanks & Best Regards,
ajay sethi
(Expert) 26 December 2013
your sister is legal heir to your father . for transfer of tenancy rights in your name you need her consent . settle the issue with your sister .
V R SHROFF
(Expert) 26 December 2013
her rights are intact, better settle it.
Ranjan
(Querist) 26 December 2013
Thanks for the prompt reply. However this is a pagadi system & my sister who is married her name is not mentioned on ration card nor she stays with me. Wouldnt I be the sole deemed tenant with sole rights?
V R SHROFF
(Expert) 26 December 2013
choice of Land lord, not ur.
R.K Nanda
(Expert) 26 December 2013
NOTHING TO ADD MORE.
Ranjan
(Querist) 26 December 2013
However my mother who is alive stays with me in padagi home. Still my sister can claim her right?
Rajendra K Goyal
(Expert) 26 December 2013
Your sister has right in the property being legal heir of your father, settle the matter amicably.
Kishor Mehta
(Expert) 13 June 2014
Sir/s,
With due respect to the Hon.Experts:
On the death of your father, you, and other family members residing along with you, became deemed tenants of the premises, your tenancy rights are statutory rights, these can not be Willed or bequeathed. The sister, being a legal heir of your father, can come and stay along with you in this rented premises but can not demand any monetary compensation in lieu of the statutory rights.
Good Luck,
Kishor Mehta
