Want to transfer pagadi system house rent receipt in my name
Querist :
Anonymous
(Querist) 10 April 2018
This query is : Resolved
Hello Sir,
In 2014 I had purchased a Pagadi system house in mumbai, but I was not aware of the pagadi system or rent act then hence I ended up buying this house from the third tenant who had not transferred the Rent receipt in his name. also the second tenant from whom this third tenant had purchased this house had not transferred the Rent receipt in his name.
also the whole plot/Land (where my house is also situated) was entitled to three brothers (as per property card) and all of them are dead, and their legal heirs are now their sons with some partial plot entitlements.
Now after knowing the rent act, I followed up with these Legal heirs continuously for transferring the rent receipt in my name and fortunately two of them have agreed for. These two heirs are sons of Elder brother of original three brothers/landlords and each of these two have the 1/4th entitlement of 1/3rd of their father share.
Hence I want to know that if these two with 1/4th entitlement of 1/3rd of their father share have the right to transfer the rent receipt in my name.
Please guide me and give me your best opinion.
Thanks.
Dinesh
Kishor Mehta
(Expert) 10 April 2018
The heirs of the owner/s have to obtain either (1) probate, (2) letters of administration, or (3 )succession certificate, as the case may be, from the Court, before they can deal with the property, without any of the above they do not have a legal right to transfer the rent receipt in your favour. Since you do not have a valid rent receipt in your name, your tenancy of the property is not legal.
Querist :
Anonymous
(Querist) 11 April 2018
Hello Sir,
as per your advice I checked with the heirs of the owner and they confirmed that they have the probate. Just want to know that how should I proceed with the rent agreement, what points must be mentioned in the agreement. also how to make sure that other heirs of owner/s will not have any objection in future or it is irrelevant once i get rent receipt in my name .
Kumar Doab
(Expert) 15 April 2018
Agreeing with Mr. Kishore Mehta..
If they have the probate then they can deal with the property....
Kumar Doab
(Expert) 15 April 2018
Pls post with your ID and you can get many replies. Also draft properly so as to convey a clear message.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 15 April 2018
Pls post with your ID and you can get many replies. Also draft properly so as to convey a clear message.
Your ID does not mean your email id or phone number and don’t post these also.
