Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay (Service)     30 June 2014

Need advise on property matter

Dear Sir,

 

We have property in south Mumbai which is on pagdi system. Our family was staying in this property for more than 50 years . At present ,rent receipt of this property is on the name of my grandfather's name  who passed away almost 30 years back . My father has been paying rent to landlord all these years however land lord has stopped accepting rent for last 2 years as some of tenant has done illegal construction . Although ,we haven't  done any illegal construction ,our rent was also stopped with other tenants . 

Recently , landlord has approached us to transfer rent receipt from my grandfather's name to my father's name under some consideration as they are planning to sell this property builder. However, my father wants to transfer it to my name instead of his name and he agreed to give it in writing to land lord which land lord agreed . My father don't have any brother or daughter . I have 2 sisters and brother but father wants to transfer this tenancy to my name as he is staying with me. According to land lord , if my father gives in writing to transfer it to my name then he doesn't require any NOC from my brother and sister. Is it acceptable legally ?

Just to add ,we are not staying at this property at present . Kindly help me with your valuable advise

Thanks



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 June 2014

The consideration paid to a landlord as a fine, premium or consideration (pagdi) has been legalised by Section 56 of Rent Control Act, 1999.

It is now also lawful for a tenant to receive any amount in consideration of the relinquishment or transfer of his tenancy. When father is alive, no need to take consent from your brother or sister.

naseer Khan (Business)     30 June 2014

This is with regards to the property left by our father who is no more now.In fact we are 3 sons and 2 daughters.He has left a Registered settlement deed (Dhana Settlement) in favour of 3 sons and without mentioning the names of daughters.My question is

1.Do the daughters have the right to inherit property from such deed when father has not included their names in the settlement deed ?

2.What will be the outcome of judgement if the daughters file a case against sons to claim their share of property?They blackmail by saying that if  they file a case then its going to be a long process and no one will use or sell the property..Is that true? 

Ganraj Malik (engg)     30 June 2014

Sir,

We have ancestral properties which is divided into 8 parties but separation has not been done.We trying to partition these properties.Now all 8 parties have their names in form 1 and 14 of land records in goa.

out of 8 parites 6 are ready for partition and separation of these properties. kindly advise the best way in which separation can be done.Succession deed has been done by these 6 parties.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register