My grand father made a will that , that the property to be taken over by my uncles who are not residing with us from last 40 years , I am sure they pressure rised him The thing is my grandfather was a tenant , is the will deed still valid , on tenant property (pagdi property) Is there any section or rule which can justify this thanks Ajay
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
grand father cannot bequeath tenancy rights by will
2) A tenant can not dispose off his interest even by the testamentary disposition i.e. Will as held by the Supreme Court in the matter of Dr. Anant Trimbak Sabnis V/S Vasant P. Pandit.
3) on grand father demise an application can be made to transfer tenancy in name of legal heirs
1.If your grand father willingly transferred the tenancy then it is valid.
2.However if you could prove that the Will ws the product of force and fraud then it is not enforceable at all.
3. So there is nothing you could claimyour share unless Will is not porved valid.
A tenanted property is heritable by the legal heirs of the tenant but the same cannot be bequeathed. In the absence of the landlord's consent in writing, no sub-tenancy can be created.
Pagdi property is again not own property, the occupants shall be called as tenants only till the end and not owner of the property.
Therefore the occupant do not have marketable title on the pagdi system property.
If the occupant is not having marketable title on the property, he cannot sell or transfer or alienate the property or even encumber it in any manner.
Any such act will not be legally valid if taken up before court.
