1. on demise of original tenant, the pagdi place will go to the family members living with the tenant at the time of his death in the pagdi premises or if no such family members were so living then it will go the legal heirs of the tenant

in this case if the tenancy is required to be transferred to the son, then you will have to approach the landlord with a request to transfer rent receipt to the name of the son. He will require to submit the NOC affidavits of the legal heirs of the deceased tenant, stating that they have no objection if the tenancy is transferred to the name of the son. You will have to pay some transfer fee to the landlord. The transfer fee amount is not prescribed by law. That you need to negotiate with the landlord

2. if the ultimate goal is to sell the pagdi premises, then I would suggest NOT to transfer the tenancy to the name of the son. Because for that you will have to incur transfer fee expenses as above. Instead you can search for a potential buyer and seal a deal with him. From the agreed consideration which you will receive from this buyer, you will have to pay transfer fee to the landlord to transfer the rent receipt and tenancy to the name of the buyer. Again for this there is no fixed fee prescribed by law. However by custom the landlord can charge max 1/3rd of the sale price towards his transfer fee. This also you can negotiate with the landlord and have it reduced.

Once the landlord agrees to do the transfer, there will be a triparty tenancy agreement between you, your buyer and the landlord. This will have to be registered with sub-registrar office

3. it depends on you. If you take hard cash you will save on capital gains tax. If you take consideration by cheque then you will have to pay capital gains tax subject to the standard deductions which are available in law.

4. after paying the capital gains tax, you can wire the balance sale proceeds through banking channels to your US account. Your bank should give more clarity on this aspect

5. same as above

If you decide to take the sale proceed by cheque then you can save on the capital gains tax by investing in another residential house within the stipulated period given in the prescribed section of income tax act. A CA will help you in the tax planning

1. How to register/transfer the Paagdi property from Father to this Son?

Answer: Firstly regarding the pagdi flat, the permission has to be first obtained from the landlord;

2. How to sell the Paagdi place?

Answer: Regarding transfer of immovable property first obtain letters of administration and/or succession certificate and for transfer of movables then obtain Legal Heir certificate;

3. What will the proceeds look like? Would it be all hard cash or legal money or both?

Answer: The proceeds can be in the cash or through bank transfer. Regarding taxation of the same, you will have to approach a CA;

4. What procedure to perform for the liquidation process in terms of bank accounts, Taxation in India, and other paper work?

Answer: A chartered accountant will assist you. You can also approach a lawyer who practices in taxation law, though they will not offer much help since they handle disputes primarily;

5. How to transfer the proceeds from India to US?

Answer: The transfer can be made through wireless method or any other way your CA may advice you.

1) son should apply to landlord to transfer of tenancy in his name

2) enclose NOC of other legal heirs

3) once tenancy property has been transferred in his name he needs landlord consent to sell the property

4) pay the landlord his share

5) tripartite agreement would be executed

6) it would be by cheque and partly in cash

7) TDS would be deducted by buyer at 20.66 %and balance cheque issued in son name

Try to have amicable solution of the problem with the land lord.

under section 15D on the death of the tenant, the members of the tenant's family, who were possession in the premises would be deemed to be tenants, if landlord refused you can transfer through court.

You should contact to some local lawyer as there are different rules and regulations to sell property in different states.

1) Property should get transfer by all legal heirs as per relinquish deed and than he can be able to sale this property by assigning POA to anyone for sell of the property.

2) Or transfer property on Son who leaves in India and later can sell the property and transfer money on U.S. account.

It is now also lawful for a tenant to receive any amount in consideration of the relinquishment or transfer of his tenancy. Incidentally, in the Rent Act, 1974 giving or receiving pagdi in cash was held ‘illegal’ hence there was extensive use of black money.

Under the rent control act 1999, Sec. 56: Rights of Tenant and Landlord to receive lawful charges – Notwithstanding anything contained in this Act, it shall be lawful for:

1) The tenant or any person acting or purporting to act on behalf of the tenant to claim or receive an sum or any consideration, as a condition of the relinquishment, transfer or assignment of his tenancy or any premises;

2) The landlord or any person acting or purporting to act on behalf of the landlord to receive any fine, premium or other like sum deposit or any consideration on respect of the grant, or renewal of a lease of any premises, or for giving his consent to the transfer of a lease to any other person.

Thus as a tenant of pagadi place, the property rights can be transferred to one of the legal heirs of the deceased on the basis of other legal heirs executing NOC in favor of the chosen legal heir.

The sale of the property under pagadi system can be done by the power agent of the chosen legal heir.

The money transaction and its repatriation to foreign country may be done on the guidelines of RBI in this regard.

1. the other sons will have to give their NOC to transfer tenancy to the rightful son

2. just have the place sold directly to a buyer - please read response before

In the triparty transfer deed:

all the legal heirs i.e all sons will be the transferors

the buyer will be transferee

landlord will be confirming party

buyer can directly pay money to the rightful son and the other sons will consent to this

3. since all legal heirs will be parties to the deed, all of them will have to visit the registrar's office. The son who is unable to come for registration can give a power of attorney to any of his brothers to complete registration formalities

4. include a clause in triaprty agreement that buyer will provide the TDS certificate to you - liability to deposit the amount deducted as TDS is on the buyer and not on the persons who have received payment

5. no need for this transfer. Transfer can directly be to the buyer

legal heirs of deceased tenant can surrender the tenancy

2) then landlord can execute tenancy agreement with new buyer

3)buyer would deduct TDS and pay the balance amount to seller

4) there is no inheritance tax payments

5) deceased tenant family members who are staying with him at time of his demise are deemed tenants under provisions of mahrashtra rent act

1. It is an arrangement within the family members, you all may discuss in a meeting among yourselves and look for the modalities to operate in this regard. Your decision can be enforced which has to be accepted by the landlord.

2. This would unavoidable, but you may look for some concessions for the transfer within the family.

3. There is no provision in law for this arrangement.

4. The seller should not be concerned whether the buyer remits the TDS amount to the government or not, he should only obtain a receipt for this TDS and can claim that whenever there is a demand for this.

5. This phrase will come under tenancy protection rights act, you may go through the same for further clarification.