• Transfer of property from my father name to mother name

We are living in mahim since 1960 in pagdi system chawl. earlier the house was on my grandmother name and after her death the same has been transferred to my dad name. My dad expired in the year 2010 all the documents like ration card electricity bill gas bill all are transfered to my mother name except our home.Now the builder is showing interest to build property under mahada scheme 33(7) and to transfer house bill from my father name to my mother name he is asking for 2.5 lac and we are not in a state to pay the same 
i want to know the charges and procedure to name transfr and how much area we can ask him in redevelopment?
Asked 6 years ago in Property Law
Religion: Muslim

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9 Answers

on father demise your mother , you and your siblings would be deemed tenants

2) you can give NOC for transfer of tenancy in favour of mother

3) if landlord refuses to accept you as tenant you would need court orders to direct landlord to transfer tenancy rights in your favour

4) on redevelopment seek ownership rights of the premises

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

After death of your father the tenancy is legally in name of your.mother and his all children's.

So you people can either jointly apply or can give noc in favour of your mom to get it transferred in your mother's name.

If the change is not made by owner file a civil suit for same . There is no charge as such on transferring tenancy beside minimal paper work.

You have a valid possesion over property and you can enforce your right even on redevelopment

So request owner to change or approach the civil.court for relief.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can give NOC for transfer of tenancy in your mother's name since after death of your father you people are deemed tenants. Better to seek ownership rights on redevelopment. In case if landlord refuses to recognise you people as tenants approach jurisdiction court

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Under Pagdi System,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.

After the death of father, other family member are deemed tenant. Landlord cannot insist for any transfer charges as it is being transfer between blood relations.

If Builder is no changing without payment, Stop paying rent until he not issue rent receipt in mother name.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

There are no such high charges for the same. There may be agent in the same. The area of redevlopment will be decided as per the scheme and offer what builder is giving as per FSI and TDR for the said project. You need to appoint a PMC for the same for actual report.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1) If you occupy a tenanted property which stood in your deceased grandfather's name but now you want that to have your father's name,then definitely the landlord will ask for his share for this but if you continue to live in the property then after the death of your grandfather the contractual tenant your father had become the statuary tenant can be evicted from the property according to the Rent Control Act applicable to your city/state, however in even of the death of your father being a statuary tenant,the tenancy will not pass on to you as only contractual tenancy can be inherited not the statuary. What it means in that case either you pay the amount of money asked in the form of 'Pagri' to the landlord & become the new contractual tenant with the tenancy in your mother name or you will find yourself out in the street without the landlord having court decree for your eviction as you will neither be a contractual nor statuary tenant but only an intuder in the property.

2) Pagdi is similar to renting system that is prevalant everywhere in the world. A house is said to be on Pagdi when it has a landlord and a tenant, just like the usual renting. The differentiating factor is that the tenant becomes a part owner of the house (not land). And the tenant can also sell the house.

but there’s a catch, lawfully if you sell the house a 33% of the amout is to be given to the landlord(lawfuly under the RENT ACT) but mostly it is settled for less percentage.

Also if you carry out any construction in the house you have to pay some amount to the landlord .

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hi, you can file a civil suit for declaration in court and can get the name transfered in name of your father

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

from father to mother

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

The charges are based on the prevailing situation.

There are no fixed charges for such transfers.

As a matter of fact they should not charge any for such transfers, but in practice the things are different.

You may enquire from your neighbours about this and proceed , if necessary you may even bargain.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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