• Selling pagdi property in the event of the death of the landlord and absence of legal heir

My Mother is the tenant of a rented property for over 49 years. She wants to sell the property, but the Landlord has expired 30 years back with no Legal Heir and there has been no one to accept the rent towards the property since then. What would be the legal implication of such a situation? what is the paper work required? Can such a sale agreement/deal be registered?
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

The tenant once inducted as such will continue to remain as a tenant irrespective of anyone remaining there to take rent or not.

So there is nothing to worry .Since there is none who claims to be the legal heirs or assignor of the interest of the landlord your mother is under no legal obligation to tender rent to anyone though if she so wishes she can deposit rent in the rent control office.

However she can transfer her pagdi rights to anyone if any prospective buyers come forward with willingness to offer market price for the tenanted premises.

Devajyoti Barman
Advocate, Kolkata
22876 Answers
492 Consultations

5.0 on 5.0

tenant cannot sell the tenancy rights without consent of the landlord

2) on demise of landlord his wife and children would be the legal heirs

3) if he was a bachelor his siblings would be his legal heirs

4)if you create third party rights on property it is ground for eviction

Ajay Sethi
Advocate, Mumbai
94931 Answers
7574 Consultations

5.0 on 5.0

Firstly, filed a suit for declaration before the civil court that you have been living there for last 50 years, and landlord died 30 years back since then no one has come up to prove their title over the property and for rent as well.

Secondly, also publish one notice in the local newspaper inviting anyone to prove their right over the property.

Lastly, wait for 30 days then file the above mention suit.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Property without any living owner/heir ( First Class, Second, Agnate , Cognate ), becomes escheat and vest with the government, exception to this rule is property must not be without possession.

Theory of Adverse Possession may work out in ur case, but the owner expired 30 years back, this may also not work.

What documents u have in which this property in ur name. Address proof like .

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Technically, your mother should have deposited the rent each month, as and when it fell due, with the rent controller office, in case there was no legal heir to the landlord to collect the same from your mother.

Seek a declaration as to your(mother's) title by adverse possession. Unless this is not done, this property cannot be sold.

Vibhanshu Srivastava
Advocate, Lucknow
9625 Answers
303 Consultations

5.0 on 5.0

On death of the landlord, the tenant does not become the owner of the land and not being the title holder of the land you are not advised to sell the same.

If it has been a long duration of 49 years then file a suit in the court for adverse possession, you will have to make all the legal heirs of the landlord as party to the suit.

Regard

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Under the circumstances explained by you, you being the tenant can not sell the property.

File a suit for declaration before the Honourable Civil Court to declare you as the owner of the property under adverse possession.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

1. Your mother is the tenant in the said property and not the owner.

2. If the owner dies and there is no legal heir of the owner is found, the property is taken over by the Government and not by the Tenant.

3. The title of the property does not stand in the name of your mother. so,she can not sell it since he can not pass better title than what she is holding.

4. She can of course pass his tenancy right and sub let and/or create counter tenancy on the said property by taking consideration/rent.

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

She cannot sell the property by a registered sale deed.

However if she wants to transfer the rental agreement to the person desirous of buying it, she may follow the procedures that are legally valid, she may contact a local lawyer on this and proceed legally.

She has to locate the legal heirs of the deceased landlord or to take permission from court of law by filing a declaration suit in this regard.

T Kalaiselvan
Advocate, Vellore
85132 Answers
2215 Consultations

5.0 on 5.0

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