Will for pagdi property
Toral Sampat
(Querist) 05 August 2013
This query is : Resolved
Respected Experts and Learned Members,
My mother owns a Pagdi Flat in south mumbai. Me and my elder sister we both are married and my father is no more. Please note we are only two sisters.
I wanted to know whether she can make a 'WILL" for transfer of property on my sisters and my name.
Will the 'WILL' be considered legal and a conclusive evidence
Do my mother have to transfer the property and pay transfer price or will it fall under the purview of transfer of tenancy rights to legal heirs.
Looking forward for your guidance.
Thanking you all in advance
Toral Sampat.
R.K Nanda
(Expert) 05 August 2013
better consult local mumbai lawyer .
Raj Kumar Makkad
(Expert) 06 August 2013
Whatever rights your mother owe in that property can definitely be transferred in favour of you and your sister by way of a will.
Advocate Ravinder
(Expert) 08 August 2013
A registered will has to be executed by your mother giving the legal rights to you and your sister. The transfer of property will be effected after the death of your mother.
If you want to transfer the property immediately, your mother has to execute registered gift deed in your favour.
Toral Sampat
(Querist) 11 August 2013
Respected Experts,
Thank you all for your guidance.
Will act accordingly.
ajay sethi
(Expert) 11 August 2013
rights in pagdi flat cannot be transferred by means of a will
Advocate Ravinder
(Expert) 11 August 2013
Ajay sethi sir, I think lease hold property (pagdi flat) can be transferred as per T.P.Act. Pl clarify.
prabhakar singh
(Expert) 11 August 2013
Well !We need to understand that What a pagadi property is?
One who possesses a pagadi property is also a tenant.Pagadi means nothing more than a premium paid lump sum in lieu of landlord agreeing to let,normally rent in these cases were lower than market rate.
In maharashtra or say Mumbai ,it is called PAGADI because of a convention that when tenant agrees to surrender it and landlord agrees to induct new one,both landlord and tenant charge fresh lump sum amount.
It may be noticed that a tenant can not sublet the tenancy without consent in writing of his landlord unless original tenancy allows by its' covenant to do so.
Therefore writing any will without written permission of landlord or without a covenant in tenancy authorising to sublet,would amount to subletting and would
open the door of eviction at the instance of landlord.
HENCE ANY WILL IS NOT ADVISABLE.
ALMOST ALL RENT LAWS ENSURE TENANCY RIGHT TO DEVOLVE UPON LEGAL HEIRS SO DOES ALSO
THE MAHARASHTRA TENANCY ACT.THEN!WHERE IS THE NEED OF WILL?
prabhakar singh
(Expert) 11 August 2013
QUERIST!
YOU DO NOT PROCEED FOR ANY WILL.
ON DEATH OF YOUR MOTHER TENANCY WOULD DEVOLVE UPON YOU LEGALLY.
Advocate Ravinder
(Expert) 11 August 2013
I completely agree with Prabhakar singh sir, except on the point of sub letting. There is no question of subletting here, they want to transfer property the lease hold property by way of will. Nobody is subletting the property.
prabhakar singh
(Expert) 11 August 2013
My Dear Ravinder.P !
Be kind to think that an owner has two things in property,be land or building or what we call immovables,a title,and second is possession.
An absolute transfer,therefore, can be made only by a person who has title and not by a person who has simply permissive possession, by lease or licence or mortgage etc.
If a party with possession of aforesaid rights want to transfer, he can not,because
he/she does not have both of species,the TITLE and possession,while in such cases also owner do have both species,title as well as symbolic possession.
prabhakar singh
(Expert) 11 August 2013
If you are still agitated i would continue it after your post.
