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Transfer of pagdi property from deceased father to son

Querist : Anonymous (Querist) 27 May 2021 This query is : Resolved 
Need to transfer tenancy of a pagdi house from deceased father to son and transfer the rent receipt in the name of the son. Do u need to pay transfer fees to the landlord in such a case ?
T. Kalaiselvan, Advocate (Expert) 27 May 2021
The landlord besides demanding for transfer fee, would ask you to produce NOC from other legal heirs for this transfer.
So you may have to obtain NOC from your mother and other siblings to get the pagdi system property transferred to your name and for issuing the future rental receipts to your name.
kavksatyanarayana (Expert) 28 May 2021
You, Your mother, and your siblings are residing in the house with your late father. So after the demise of your father your mother and you have deemed tenants. And to my best in the Pagdi system, no transfer fee is necessary. The transfer fee can be levied in case of a sale. if the landlord refuses to transfer tenancy rights you can file a declaratory suit. And an amicable settlement is the best option for you because if you go to court, it may take time.
Dr J C Vashista (Expert) 29 May 2021
No transfer fees is charged by landlord from the LRs of deceased tenant.

Obtain surviving member certificate (SMC) from concerned (area) Tehsildar / SDM and submit copy of the death certificate with SMC.

In case the landlord denies transfer, file a suit for declaration and deposit rent in the Court of Rent Controller.
P. Venu (Expert) 29 May 2021
What are the facts? Where is the property situated?
ashok kumar singh (Expert) 30 May 2021
agreed with views of earlier experts

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