Legal Question in Real Estate Law in India

Transfer of ownership in Pagdi system

My father bought 180 sq ft house in mumbai in year 1983 ,which comes under pagdi system.

My father expired 4 years back, as per law the legal heir (my mother) will be the owner of the house... same was communicated to the landlord, but till date the landlord is demanding huge amount for tansfer of the name of the property on my mothers name.

till 2006 we have paid the rent by cheque, but the landlord is not giving us receipt for the rent paid. Post 2006 the landlord is not ready to accept the rent nor giving the rent receipt

I just wanted to know

1. how important is the rent receipt to prove the ownership of the house.

2. Is it possible that we will be thrown out of the house since we do not have the proper document where in the property was bought by my father, yes we have maintain all the rent receipt, tell phone bills, electricity bills , ration card, duly paid till date.

3.How difficult it will be to approach court and get the ownership of th house.

Asked on 5/27/09, 2:27 pm

6 Answers from Attorneys

0 users found helpful
0 attorneys agreed

Re: Transfer of ownership in Pagdi system

pagdi system is a old system in mumbai where on transfer a ammount is paid to the landlord but in your case youare residing in the house at the time of death of your father you and your mother can file a case of RAD DECLARATION OF TENANT in the small causes court in dhobi taloa and take a order of declaration submitting all the rent receipta and also can make a application to deposit rent in the court

for this matter you may contact advocate neena bharwani at the small court library old bldg dhobitalao opp metro small causes court mumbai

best of luck

Read more
5/29/09, 11:02 am
0 users found helpful
0 attorneys agreed

Re: Transfer of ownership in Pagdi system

Get the Sussession certificate from the court and you dont need to pay any exta panny to your landlord.

Moreover cheques deposit are itself a receipt. If he is not accepting then deposit it into the court.

For further assistance plz contact at

adv.kamal.grover.gmail.com

We deal cases in the courts all over India.

M: 09814110005

Regional office Chandigarh

We strive for your rights.

Good Luck.

Read more
5/28/09, 8:32 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
0 users found helpful
0 attorneys agreed

Re: Transfer of ownership in Pagdi system

Since the pagdi system is a peculiar local feature, you may better contact a lawyer familiar with the situation in Mumbai.

However, prima facie, it appears that even if you are a tenant, the tenancy may be heritable by you and your mother jointly. Therefore, if you continue paying the rent regularly, the landlord may not be able to throw you out of the house.

You may continue sending the rent to the landlord by money-order. Rent receipt may not be necessary if the rent is paid by Money-order or bank draft or crossed account payee cheque.

Read more
5/27/09, 11:24 pm
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
0 users found helpful
0 attorneys agreed

Re: Transfer of ownership in Pagdi system

Since the pagdi system is a peculiar local feature, you may better contact a lawyer familiar with the situation in Mumbai.

However, prima facie, it appears that even if you are a tenant, the tenancy may be heritable by you and your mother jointly. Therefore, if you continue paying the rent regularly, the landlord may not be able to throw you out of the house.

You may continue sending the rent to the landlord by money-order. Rent receipt may not be necessary if the rent is paid by Money-order or bank draft or crossed account payee cheque.

Read more
5/27/09, 11:24 pm
Shrichand Nahar S.V.Nahar, Advocate
0 users found helpful
0 attorneys agreed

Re: Transfer of ownership in Pagdi system

1. Payment of rent is important.

2. No.

3. No possible. Transfer of ownership by landlord to tenant is not mandatory.

Read more
5/28/09, 1:12 am
Shrichand Nahar S.V.Nahar, Advocate
0 users found helpful
0 attorneys agreed

Re: Transfer of ownership in Pagdi system

1. Payment of rent is important.

2. No.

3. No possible. Transfer of ownership by landlord to tenant is not mandatory.

Read more
5/28/09, 1:32 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?

Get Free Legal Advice

88222 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now