• Tenancy rights

I stay at property which is on Pagadi system, earlier Tenancy Rights were on name of my father-in-law. Four years back he expired without any will and mother-in-law also expired 10 months after his death. Meanwhile my wife's brother in law got transfered tenancy rights on his name with my mother-in-law's POA given to my wife. But myself and my wife are only staying at this property even before death of my father-in-law. Now he is denying our interest in this property. My wife have Ration Card, Aadhar Card, Passport, Bank Statements on the same address.

Please advice.
Asked 3 years ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
Ration card electricity bill are not treated as sufficient document for establishment of title in the property. If any person has been on the property for many years and treat it as his own property and owner never oppose it then such person has accrued interest in the property and title on the property on adverse possession. Adverse possesion is good ground to establish interest in the priperty and it is admisiable in the court. In your case being in possession over the priperty is relevant fact but only ration card is not sufficient document to prove ownership.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1) on demise of your father in law your mother , your wife and her brother were legal heirs .

2) please not e that tenancy rights cannot be bequeatehd by will . 

3) tenancy rights could not have been transferred in name of son if your wife has been staying in said property . 

4) your wife should write to landlord objecting to transfer of tenancy rights in name of her brother 

5) further your wife has necessary documents to prove she is residing in said premises . 

6) your wife will have to move court in this regard to claim her rights in said property if the landlord refuses to pay heed to reason
Ajay Sethi
Advocate, Mumbai
46846 Answers
2771 Consultations

5.0 on 5.0

When the tenancy right was transferred to your brother-in-law’s name? After the death of mother in law ?

Pagdi has been legalised by Section 56 of Rent Control Act, 1999.
Since your father in law has been staying in said premises, he is a deemed tenant under provisions of Maharashtra Rent Act. Other legal heirs have given NOC to transfer rent receipt in favour of your Brother in law then only he can succeed.
you will have to move small causes court in mumbai for necessary reliefs .
Ajay N S
Advocate, Ernakulam
2824 Answers
47 Consultations

5.0 on 5.0

1. Does the Lease and License Agreements have a provision for you and your wife residing in this property? Who was paying the rent for the property?

2. If you and your wife are living in the leased premises then your wife being one of the legal heirs of her deceased father has the right to continue to stay in the property subject to complying with the conditions of the agreement.

3. The legal interest of your wife is not wiped out unless the POA given to your bother-in-law is signed by your wife as well.

4. Your wife can move to court to seek injunction against her brother if she apprehends being uprooted from the property.
Ashish Davessar
Advocate, Jaipur
23169 Answers
641 Consultations

5.0 on 5.0

1. Your wife's brother in law got the tenancy right transferred in his name,

2. So, he is the rightful tenant of the premise,

3. Is there any small amount of rent to be paid? Who is paying the said rent?

4. Have you got the electricity  bill transferred in your wife's name?

5. However, it will be difficult for any body to evict you from your place without filing an eviction suit.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

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