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Hasnain (proprietor)     10 April 2014

Transfer of property (house) by way of gift under pagdi

 

Dear Sir,

Its a bit dificult & complicated matter but will try my best to explain.

FACTS : A house under pagdi system belong to an aged couple who has no children or any legal heir.

The house is in the name/tilte of the wife who has expired & the husband too is aged. Now after his wife's death the husband wants to sell the flat but the landlord being very evil doesnt allow them to do because he wants to get that flat but the fact is he is neither ready to give appropriate money for the flat as per the market rate nor allows d seller ( aged man) to sell the flat to any other buyer. So any buyer who comes for the flat the landlord doesnt give the NOC. Owing to this problem the aged man cannot sell his flat & he is in need of money for his medical treatments. he is currently bein looked after his brother

 

CASE : 1) Can this house be purchased by a buyer by way of Gift? Is subleting or bequeath accepted under pagdi system  because if the seller ( old man) makes the buyer his heir & agrees to give the flat by way of gift is it ok in pagdi system? 

2) Can the old man transfer the flat by way of Gift to a Non Relative since he is not the owner ( the flat was in his wife name but i presume after his wifes death the flat belongs to him but the lanlord is not legally transfer the rent receipt in his name ( old mans name)

3) if a non relatives buy the flat by way of gift is liable for tax & how much?

 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2014

First of all the tenant cannot sell the house property.  The owner only has a right to sell  the property.  Under pagdi system, the tenancy rights to be transferred to a third person?  A transfer to a non-related person by way of gift is not valid.


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