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A. W. K.   13 March 2019

Pagdi system Reciept transmission

Hi. My maternal aunt is a pagdi kiraydar and rent reciepts are in her name for a shop in central mumbai. She died in Feb 2018 leaving behind no children or spouse as successors. She had been living all her life with us (her elder sister's family) till the time of death. I am her nephew whom all the relatives (including her siblings and my siblings) have unanimously and wholeheartedly agreed on NOC to get the shop rent reciepts transferred in my name as the new pagdi tenant. But the landlords, who initially had no objection to the transmission (with fee approx 1.5lacs), are now stating that the shop cannot be transferred to anyone except my aunt's husband or children, which is not existential in this case. Apparently, this could be a tactic by the landlords to extract additional amount for transmission in my name. Can you please guide on the relevant section to safeguard our interest as well as on the procedure for the transmission in my name. Would appreciate a sooner reply. Thanks and Regards. A. W. K.


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 5 Replies

Suhail suhail (LAWYER)     13 March 2019

You can get that transfered provided you get a Legal Heir certificate or Sucession Certificate, You have to show that legally you are the successor of her property.

A. W. K.   13 March 2019

Hi. Thanks for the prompt reply. Pls guide how to obtain succession cert. or legal heir cert. Will the joint NOC from all siblings, as described above, help with the generation of the certificates you are mentioning of? Thx.

Suhail suhail (LAWYER)     13 March 2019

 

It is preferable to solve with land lord the issue mutualy so that you save the time and money .

Legal heir certificate is issued the tehsildar.

However you better get the Sicession certificate from the District court , you need to submit a death certificate and the other heirs would be called by court to dpose their statement. You must operate the shop continuiously and normally to maintain possesion.

SHIRISH PAWAR, 7738990900 (Advocate)     13 March 2019

You have to get succession certificate from court to show that you are legal heirs of your aunty.

A. W. K.   13 March 2019

Thanks a lot to both of you gentlemen, for the direction. I will secure the above certificates first before starting any dialogue with the landlords. These cerificates would provide a good leverage while talking to them. Thx.

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