• Ancestral property pagadi system

Hi, I am an adult staying at my grand father's house since my birth. 
Property is on pagadi system and tenancy is on grandfather's name. My father was born here. My dadaji passed away long back after that my father was staying here alone for long before he got married. I lost my father last year. Rent was paid on grand father's name till last year and was paid by my father.
Our landlord has stopped taking rent since last year(more than a year now), we tried sending him rent to register AD which got returned without stamp of post office.
Is there any law which makes our stay invalid on the property if rent is not paid for certain days?
We want to pay rent but owner doesn't want it instead he is asking us to take some amount leave property.
How much valid it is? 
Also, as this is ancestral property how my other uncles are connected to property as they have not been staying here for more than 40 year here?
Is ask of my landlord is valid? Is he authorised to ask us to leave as he has not taken rent?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

If he does not take rent for 12 years then the law bars him to file eviction suit. However, otherwise also he can not you to leave for the reason that he is not receiving the rent as you have been living at that place since ages.

Keep the prove entact that you have attempted to pay the rent. Rest if he files eviction suit then you will have a good case to fight.

This is ancestral property of whom? I must tell you ancestral property is one which remains undivided for 4 generations. Therefore your uncles are not related to it in any ways.

Let me know if there happens to be any factual inconsistency in my advise.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

1)you are deemed tenant

2) you have been staying in said house since birth

3) you should send demand draft of rent by speed post AD together with covering letter

4) also send email intimation to landlord that demand draft of rent has been forwarded to him

5) refuse to vacate the premises

Ajay Sethi
Advocate, Mumbai
97682 Answers
7906 Consultations

If the rent stands unpaid for 6 months, the landlord and file a suit for eviction on this ground after serving you an eviction notice.

You may try and initiate an electronic transfer of rent in your landlors's account.

There's nothing to worry as long as you are in possession of this property.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

Default in rental payment will dis-entitle you to continue to stay in the rented premises.

With the evidence of the registered post returned you may file a petition before rent controller court seeking to deposit the rent before the court.

Since it is pagdi system, the landlord cannot so easily evict you but you should remember the fact that once a tenant is always a tenant and not a owner of the property.

What do you mean by saying the rented premises as ancestral property?

The landlord can very well ask you to vacate the rented premises since the original tenant has died long back and there is no rental agreement with the legal heirs of the deceased tenant.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

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