Hi im a widow living in paghadi system house since 33 years , my husband and grandfather are no more , my husband has two brothers , i hav 3 daughters which are married i have no son , my rent reciept is in my father in laws name , now my question to you is if i get married wat are the chances of me or my daughters getting this house or its share? Iv been paying the rent since 1998 that is when my husband expired....my adress proofs are all on the name of this flat no which im staying in... i hav a doubt that immediately aftr my marriage my brother in laws will claim on this house...i want to know if there is any way out i can fight or settle the issue..
If you are paying rent and staying in pagdi flat paying rent to landlord apply for transfer of rent receipt in your name
2) Under the law, whosoever was residing with your father in law at the time of his death would get the tenancy rights
3) your married daughters would not get share in flat
4) your brother in laws will not have share in said flat if they are not staying in said house
I was staying with my daughters in this house , my father in law was staying with my brother in law in another flat in the same building..so my father in law expired in another flat staying with his son.
Apply to landlord for transfer of tenancy rights in your name
2) take NOC from your BIL
3) get married later
This is a pagdi system property hence no rights for a share can be claimed legally by anyone because all tenants in it.
Remember that once a tenant is always a tenant, hence legally you cannot claim any share in it.
I was staying with my daughters in this house , my father in law was staying with my brother in law in another flat in the same building..so my father in law expired in another flat staying with his son.
So long you are able to stay there you may do so, yo may also get the rental agreement transferred to your name so that you dont face any problem from any quarter.
Under Hindu Succession Act the heirs of the deceased tenant are entitled to succeed, not only to his/her business but also to his/her tenancy rights under the Rent Act which protects the heirs from ejectment except in accordance with that Act.
The Pagadi system is a pre-existing rental model which can be still found in many parts of India. It is similar to most of the renting systems but there is one very important factor which differentiates this from other renting systems, which is that the tenant becomes a part owner of the house. In this system the only deviating factor is that the tenant becomes a part owner of the house and not of the land. This tenant continues to pay rent to the owner as long as he is not sub-renting the premises.
So immediately before the marriage you should transfer of rent receipt in your name. You have only tenancy right over the property. No share can claim over the property.
