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Abhishek   26 January 2018

Paagdi Law

Elder brother (name on rent receipt)

Younger brother

Both brother took a paagdi house for there family residence. But the rent receipt was drawn on elder brother name as he was elder. Elder brother had 1 son who before his mirrage left the place and settled down with his wife in a seperate place. But the elder brother continued staying in the same paagdi place with his yonger bother and younger brothers family. After some years the elder brother left the paagdi place and started staying with his son and died there.

The younger brother had 4 sons from which 2 sons bought their independent place and started staying there. But 2 sons of the younger brother are still in possesion of the paagdi place.

Now the hiers of the elder brother are trying to transfer the rent receipt on there name. But the younger brother 2 sons who are still in possession wants rent receipt on their name. When asked landlord he says decide between yourself and come up with one name from any of the family.

What can be the solution to this?

Who is the real claimant to this property?



Learning

 3 Replies

Kumar Doab (FIN)     26 January 2018

The landlord seems to be  right.

The elder brother was tenant but left.

Resolve the matter amicably.

Kumar Doab (FIN)     26 January 2018

The said property is at which location/state? Is there any registered/agreement? Relate with provisions of applicable agreement/enactment.

Abhishek   27 January 2018

The said property is in Mumbai. There might be no agreement as such as this property was taken on paagdi before 1950 or so.

But we have a document in which the elder brother has relinquished his rights to his younger brother and his family members on a stamp paper with one witness and it is not registered.

 

Thank you for your prompt reply Mr. Kumar


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