You can execute a Registered partition deed for the same between yourselves it will serve the purpose.
Ownership of Flat under Pagadi system
Hello, my late grandfather in May 1978 bought a flat in Santacruz West under pagadi system under the name of my grandmother so as of now the legal tenant of the flat is my grandmother and me and my family(my mom and dad) live with her in the said flat. My grandmother's other kids i.e. my uncle & aunt have already moved out of the flat into their own accommodation, due to regular reasons we i.e. my family(me, my mom and dad) and my grandmother are not on good terms with each other, this has caused her to resort to threatening us that she will give the flat to someone else or that to throw us out of the house. Anyway, her other kids and my father reached a mutual understanding between each other that all her liquid assets like Jewelry and Cash(MF+FD) will go to them whereas the flat will come to us. So I wanted to know is there any legal document that can be prepared where all her kids and their kids in turn, can sign on to confirm that none of those other kids and their kids will lay any kind of claim on this property and that under mutual understanding we are distributing her assets among us, her assets include the said flat, Jewelry and Cash(MF+FD). Please note I am not talking about making a Legal Will on behalf of my grandmother and then somehow making her sign it because for one reason or another she will never let us have this flat. So my question is with regards to some sort of Legal Document that will state that through mutual agreement all the signatories of this document have agreed to divide her various assets among them after she passes away. On second thought I'd also like to know whether a Will can be prepared on her behalf that after she passes away my father will be the sole owner of the tenancy/flat. Thank you in advance.
Asked 7 years ago in Property Law
Religion: Hindu
6 Answers
See firstly since your father is tenant along the grandmother in the premises and other legal heirs have moved out so he shall only have tenancy rights in the flat as this is not purchased property this is under tenancy.
Secondly in her life without her consent no document shall be binding diving her assets.
Will has to be prepared and notarized by her only further in will also she cannot transfer the tenancy rights.
1) tenancy rights cannot be bequeathed by will
2) on demise of grandmother apply to landlord to transfer tenancy rights in your father name
3) other legal heirs can execute relinquishment deed to relinquish their share in flat
The incidence of ownership and tenanted properties are quite different
In ownership flat, when owner dies, and has not left behind any Will, then the flat devolves on his legal heirs as per the personal law to which he is subject
Whereas in tenanted property, when original tenant dies, the legal heirs of that tenant do not automatically inherit the tenanted premises, because they are excluded by the family members of the original tenant who are living with the tenant in the tenanted premises at the time of his demise
So first preference is always given to the family members who are living with the tenant and only in absence of such legal heirs, does the tenancy right devolve on the legal heirs of the tenant
In your case, your uncle, aunt and their families have already moved out and only you and your family are residing in the tenanted premises alongwith your grandmother
So when she passes away, her tenancy rights will devolve on you and your family members first, as you all will be living with her in the tenanted premises at time of her death and thus you all will have first preference over the other legal heirs
You and your family will thus automatically become entitled to joint tenancy rights upon demise of your grandmother, provided all of you are living in the premises at time of her demise
But it wont be as simple coz your uncle and aunts would obviously try to lay a claim as the property will be valuable
In that case they have to file a declaratory suit in court to prove that they have any such right
Also no documents can be taken now from your grandmother as she is still living
The question of your other family members giving up their right on the tenanted premises will arise only after your grandmother dies. When she is living, they are merely presumptive heirs and have no right
Also taking any such document from them will be like admitting that they do have a right on the property
In order to avoid future complications it is advisable that the tenancy is transferred in the lifetime of your grandmother itself, either to your name or your parents names
This will take care of all future complications
Also a tenanted property cannot be given away by Will and even if that is done, it is not recognised in law. A Will can only be made of a ownership property
Dear Client,
Settlement deed will execute or other son have to execute release/gift deed (registered) in your father favor to make him absolute owner of flat. And rest movables asserts can be give to other son by mere MOU attested by two witness and notarized.
Grand children and wife have no say in the matter.
Any Will prepared on her behalf will not be legally valid.
A Will prepared by her alone is legally valid that too if signed in the presence of two witnesses.
Moreover this pagdi system property which cannot be dealt with in the same manner as other properties that have been purchased by a registered sale deed.
The tenancy rights shall devolve for few years on her legal heirs after her lifetime.
After your grandmother's's demise the rent receipt can be be transferred to your father's name by the landlord if he applies for it along with NOC of other legal heirs.. The purchaser of land in a pagdi system is said to be a tenant and has limited rights because a very nominal rent is collected by the landlord and receipt given accordingly.
