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Succession rules pagari system for redevelopment

Querist : Anonymous (Querist) 18 May 2024 This query is : Resolved 
Dear Sir/Madam,

My late father owned a property in the Pagari system Mumbai, which is currently undergoing redevelopment. I am his elder son, one of the 4 legal heirs. The other heirs include the widow of my deceased brother, my step-brother who is currently staying in the property, and a married step-sister. Three of us moved to different places after marriage (myself, my late brother, and step-sister) and were not staying with my late father at the time of his demise.

Can the rent receipt be transferred to all legal heirs, which is currently in my father's name?
kavksatyanarayana (Expert) 18 May 2024
You shall obtain the death certificate of your father and the legal heirs' certificate from the officers concerned. Then request the landlord to transfer the pagdi rights of one of you. The other heirs must give NOC.
Advocate Bhartesh goyal (Expert) 18 May 2024
Since your step brother was residing with your deceased father and other legal heirs of your father were not residing with him so only your step brother is entitled to get transferred tenancy rights.
T. Kalaiselvan, Advocate (Expert) 19 May 2024
Even though your step brother was living with your father at the time of his death, since this is a pagdi system property, in order to acquire the property during redevelopment all by himself, your step brother need to obtain NOC from all the legal heir of the deceased tenant i.e., your father.

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