RG (SME) 12 September 2012

Title transfer in pagdi system

Hi,

Could you please guide me thru few questions on title transfer of a flat in pagdi system?

Case Study:

My dad had purchased a flat from a landlord (pagdi system) in 1980. Since then we are residing in this flat and the rent receipt has my dad's name on it. I am the only child of my parents. My Dad passed away last year Sept-2011. Now It me and My Mom residing in this flat. I want to have this property registered on my Mom's name. It a mere transfer from Husband name to his Wife’s name.

Note: My Father hasn't left any will.

Please guide me thru these questions -

1. Do I have to pay for this transfer to landlord?

2. Can I initiate talks with the landlord without my Dad's will? Or

3. Do I need any other document? If Yes then please let me know which one?

4. During this process do I have to pay for any other legal process? If yes then please let me know which ones?

5. Should I except that such transfers as straight and smooth without any hiccup from legal point of view?

6. Lastly is it possible that I can have my Mom as first holder and me as the Second holder.

Appreciate your reply.

Thank You in advance,

Ratnesh

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2 Replies

raj (Lawyer) 13 September 2012

hi,

In your first sentence you say your father has "Purchased" the flat and further you say 'rent receipts", so my question is what exactly is the status of the property? Further, it is not compulsory for a human being to die only after making Will. However, based on the status of the property, a proper method for title transfer / / opinion in that regard be arrived at.

Regards.

RG (SME) 13 September 2012

Hi Raj,

Thank you for your response. What I mean to say is that my Dad had bought this flat from the landlord, So the flat is in My dad's name. However in pagdi system we have to pay a basic rent to the landlord (similar to society maintainence). This is what I call a Rent Receipt. From title prospective the status of the property is being held by my Dad, and we use it for our living.

Let me know if you need any further information.

Regards,

Ratnesh