Puneet Bhatia (Senior Manager) 04 February 2013

Married daugthers stay in padgi system flat after parent die

Hi,

I am staying in Mumbai in a row house which was bought by my Grandfather. The ground floor was given on rent to the tenants 30 years back when the bunglow was built. The tenants are an 65 + years old couple who have 3 married daughters. The rent paid until few years back was Rs 250 p.m. We have a case against them in the court for vacating the place. The case in going on since last 13 years where the court asked him to pay the rent to court of Rs 3000 pm which he is depositing in the court and we have stopped accepting the rent from him. We won the case where we got a decree one for vacating the flat but the tenant moved to court against the decree. We are arguing in the court for actual use of the property which was built by my grandfather as my family has 8 members and growing. My question is

In case after the tenants death will we the owners be able to get the possesion of the house.?

Will the married daughters have any right over the flat after the parents death?

The couple cant write a will as the property does not belong to them ? They are on padgi rent.

Your comments/inputs/help would be appriciated

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 February 2013

The tenancy cannot be transferred through will/gift, but is inheritable, and passes onto the heirs of the original tenant as per the law of succession as well as Rent Control applicable in the state. In Delhi for example : A limited trickling down happens and relatives living with deceased tenant - financially dependant on deceased tenant - inherit tenancy and become what is known as statutory tenants. If they are not so financially dependant they get the property for al imited period of 1 year. As regards Bombay I hope some Mumbai lawyer would educate us on this !

vijayaraghavan (manager) 30 July 2013

Dear sir, I am planning to purchase a new house (land + house constructed in divided flats) in cuddalore. The total cost is 1800000Rs (Land value is 300000Rs + building construction- 1500000). While we started discussing about registering, we were told that both the land and the building should be registered? Is this a new government law? I made two agreemnts for Land and constructing house duration of three months. But Bank officials told me you can register land only bacuase construction of house 85% only finished it will take to finish another one month. Please provide clarity on the law/rules for registration for my case. Would be thankful for any advice on this. Thank you!