Family's right to property if tenant dies
Hello my family moved in as tenant in the year 1975 and since then have been living in the same flat, the flat that we live in has been rented out to us under Pagdi system
The flat agreement is in my grandmother's name, so basically she is the legal tenant of the flat
I wish to know in the event of my grandmother's death, do we again need to purchase the property or pay 33% of the property's current value to our landlord just so that we can continue living in that same flat as tenants under Pagdi system?
We don't wish to sell the property nor are we trying to sell it, but we cannot afford to repurchase the property just to transfer the flat from my grandmother to my father's name
Will the landlord forcefully remove us if we fail to repurchase the property or if we fail to pay him 33% of the current property value?
Will we face any kind of problem from the landlord regarding transferring the property to my father if my grandmother passes away?
Our concern is simple can we continue to live in the same flat as tenants(under Pagdi system) even after my grandmother passes away?
Can she not transfer the property to my father without having to either repurchase the property or without having to pay the landlord 33% of current property value?
Please help us as we are not sure what are rights are as tenants under Pagdi system, we are really worried that we might become homeless after my grandmother's death if we do not sell the property before her death
Thank you for your help in advance
Asked 9 years ago in Property Law
Religion: Hindu
Hello I am really happy to receive such detailed responses, so thank you everyone
I just wish to make a clarification, we understand that if we try to sell the property then we need to pay 33% of the sale value to the landlord, we don't have any problems with this, we agree to this condition
The only thing that we are worried about is that the landlord might not so easily transfer the name of the tenancy to my father after my grandmother's death free of cost, we are worried that he will force us to pay him 33% of the current property value just to transfer the name from my grandmother to my father
My grandmother and her family that includes my father have been living in the same flat since we bought it, some of the family members moved out but me, my father, my mother are still living with my grandmother
So please tell me in clear words, if my grandmother passed away then
=> can the landlord force us to move out without paying us any money,
=> can he force us to pay him 33% of the current property value just to get the name transferred from my grandmother to my father
=> can we just not get the name transferred from my grandmother to my father free of cost, when I say free of cost I mean without paying 33% of the current property value to the landlord
=> the landlord says that we need to pay him 33% of the current property value just to get the name transferred from my grandmother to my father, is this correct? is what the landlord saying correct?
Please note that we are not trying to sell the property we are simply trying to retain it after the death of my grandmother who is the legal tenant and with whom we are residing
Asked 9 years ago