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Sachin Thakkar   21 September 2021

Pagdi propert will

Dear Sir/Madam,

We are staying in a property in the name of my grandfather
My grandfather has 2 daughters and one Son. Can a will be made by my grandfather transferring the property to his children in equally after his death?


 8 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     21 September 2021

Yes, he can bequeath his share in ancestral + self acquired property to all his children / anyone else.

G.L.N. Prasad (Retired employee.)     21 September 2021

Whether there was any agreement between the real owner and your grandfather reducing terms and conditions of PAGIDI etc ?

Kishor Mehta (CEO)     21 September 2021

In a pagdi property you are only a tenant and not the owner hence a pagdi property can not be bequeathed under a Will.

P. Venu (Advocate)     21 September 2021

Yes, the pagdi tenant can make a Will at his discretion. To my knowledge, tenant in pagdi system is vested with rights in property.

Kishor Mehta (CEO)     21 September 2021

With due respect, please refer the decisions of the Hon. Bombay High Court and Hon. Supreme Court which clarify that tenancy rights can not be bequeathed under a Will.

Dr. J C Vashista (Advocate and Legal Consultant)     22 September 2021

Originally posted by : Kishor Mehta
With due respect, please refer the decisions of the Hon. Bombay High Court and Hon. Supreme Court which clarify that tenancy rights can not be bequeathed under a Will.

I could not follow term "pagdi" hence opined that it can be bequeathed in favour of anyone. Dear Sh. Kishor Mehta ji, thanks for correcting me. Premises under tenancy cannot be bequeathed by a tenant.

Sachin Thakkar   23 September 2021

Thank you everyone for your removing your precision time to reply. Much appreciated

P. Venu (Advocate)     24 September 2021

Originally posted by : Kishor Mehta
With due respect, please refer the decisions of the Hon. Bombay High Court and Hon. Supreme Court which clarify that tenancy rights can not be bequeathed under a Will.

Mr. Kishor Mehta, I have since tried to update my knowledge. Thanks for correcting me.

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