My mother, brother and I live in a Pagdi system house (my brother and I since birth, mother since marriage) which is on my grandfather's (alive) name. My grandparents have 1 son and 2 daughters. Son (my father) passed away few years ago. Now my aunt claims the property has been transferred on her name, without our NOC and want us to vacate the house saying they want to sell it off. We do not wish to leave the house. Please advise what legal rights we have on the house and how do we protect ourselves from becoming homeless. Please note that I have been paying the rent to the landlord and also paying various bills online.
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1. legal right to transfer the house does not arise in pagdi system house because as a tenant you have very limited right in the house.
2. your aunt's claim is baseless. she cannot compel you to leave this house.
3. you should file an injunction suit and prevent her to take any action for your eviction.
1) the rent receipts are in name of grand father
2) grand father does not need your NOC to transfer property in name of your aunt with consent of landlord
3)you should refuse to vacate the tenanted premises
4)let aunt file suit for eviction
A house is said to be on Pagdi when it has a landlord and a tenant, just like the usual renting.
The differentiating factor is that the tenant becomes a part owner of the house (not land)He can sell the house but will have to give x% of the value to the landlord. Currently, the %age varies from 30-50%.
Under this rents are frozen and the landlord cannot evict a tenant without going through a long and cumbersome legal process. Also, tenancy is inheritable!
In your case the pagdi is on your grandfather's name.
Since your grandfather is alive there is no question of transfer of his tenancy rights to anyone during his lifetime.
Neither your father had any rights in it nor your father's sister is having any right in it.
Your grandfather has to decide about the tenancy rights but strictly speaking he cannot transfer the same to his daughter during his lifetime, but he may opt to sell the rights to her as per the prevailing atmosphere.
You are paying the rent and taxes since you are staying there but that will not confer any rights on you.
An amicable settlement shall have an answer to this question.
