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Mrs.n (CS, LL.B)     26 March 2016

Pagdi -trfr of tenancy rights -heirs married daughters

Facts

A person is aged 90 years old living in pagdi property in mumbai. his wife is died and he has 3 daughters who all are married.

Query :- in case , when this old person is not there , (dead):--

1)  how the daughters should ensure that tenancy rights get transferred in daughters name ? 
2) what will be legal situation of married daughters in this case ?
3) how they can claim the property after father is not there.

pls suggest



Learning

 3 Replies

dr g balakrishnan (advocate/counsel supreme court)     26 March 2016

question would be in pagdi hse how long the people were living in that hose. one person holds pagdi, other personsons live him, after demise if the land lord does not extend the pagdi others could move under advese possession possible; it might make the claimants as real pwners too, so contract is always dubious as contracts on future is equally not credible too.

contract law is really doubtful while lot of transations take place on the belief; fact can anyone say hewould live tomorrow; why next moment, that way Art 366 is in trouble in the constution, as legislators misused art 366 to go for constitutional amendments, while amendments are all on doubtful premise of 366 for the assembly cannt give its obligation under art 366 is the new reseach as such questions dogged the UK so they never went fpor trying to amend Magna carta or bill of rights, though the UK parliament is indeed the most powerfuk parliamentary form of government,  

dr g balakrishnan (advocate/counsel supreme court)     26 March 2016

yea you can get your shares once adverse possession rule is applied or the pagdi is extended, as the property is alienated over  several decades.

Mrs.n (CS, LL.B)     28 March 2016

Sir -Thanks for your reply , but have foll.query .please guide.

QUERY 

1) A old person is living in house for more than 75 years .

2) married daughters are in mumbai itself who visits the father frequently , daughers sometimes stay there not all time with him.

3) sir pls suggest how the paDGI TO BE EXTENDED , if when  old man is not there.

4) can landlord take the house back saying no SON is there and no one is staying.if yes , what daughters should do ?

 

pl suggest

 

 

 


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