• Possession of vacant property under pagdi law

I am a landlord in Pune and have recieved a judgement to take possession of an erstwhile tenanted Shop which has been vacant for the past 15 years. No legal heirs have come forward for the past 6 months. However there is an appeal period for 5 years. I wish to gift it to my son, can I execute the same while the appeal period is valid ?
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

Forget the appeal. Even if appeal is preferred if no stay is granted by the appellate court the decree remains valid and liable for execution.

So if you do not get [peaceful vacant possession of the suit proeprty file the execution case for getting physical possession of the shoproom.

The appeal period varies between 30-90 days.

There is no legal hindrance to gift the suit proeprty to your son or anyone else you so wish.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1. This is a rented property only and you have the tenancy right not the ownership right.

2. You can not gift title of the property since you don't own it legally.

3. If your son will be sitting with you in the said shop then automatically the tenancy right will be transferred in his favour by default after your demise being your son and you can not transfer the tenancy right to your son during yourn lifetime with out the consent of the land lord.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. I am extremely sorry for overlooking the fact that you are not the tenant but the land lord yourself.

2. Since you are the owner of the said property and there is no restrain order on you in dealing with it, you can very well gift it to your son or deal with it in any way you feel like in the form of sale, mortgage etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

you are at liberty to execute gift deed in favour of your son for the property as you are the absolute owner of the property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. How can the appeal period be 5 years? The limitation to appeal is never longer than 90 days.

2. If you have the judgment in your favour and the plot is vacant then take the possession immediately.

3. You are free to execute the gift deed in favour of son if your title to the plot is free and marketable.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

When there is no stay order in the pending appeal suit, you may not have to be worried or wait for the appeal to be disposed.

You can very well proceed with yor proposal to execute a registered gift deed in your son's favor.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Dear Client,

In whose favor, order has been pronounced.

U r owner of the property. Take possession and gift by ur choice.

MORE precise advise possible on perusal of Order.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

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