I stayed in pagdi system room from my birth. this is my grandfather room. After death of my grandfather this room trf to my father's name in 1960. my grandmother died in 1990. my father died in 1993. then the pagdi system room trf to my mother's name. my mother is also died in 2008. my sister married & went to her husband's home in 2013. In 2018 my sister asked for property share. I gave her half share of room. our one unmarried aunty is also stay with us. at the time of giving share my sister & her husband agree to take care of unmarried aunty for 6 months & half of 6 months me & my wife will take care of unmarried aunty. but we not mentioned this point in court papers. now my sister & her husband is refuse to take care of my unmarried aunty. Unmarried aunty is also refuse to go to sister's home for 6 month & ask for share in property. 2 married aunty are also ask for share in property. My doubts are 1) if this pagdi room is of my grandfather then after grandfather's death this room have to trf to my grandmother name but instead of this, this room is trf to my father name. How it happened? which property law is in 1960? 2) my 2 married & 1 unmarried aunty are eligible to have share in pagdi room property? 3) My sister refuse to take care of unmarried aunty then can I file suit against her? & under which section I can file suit? 4) or can I recollect the amt which i gave to sister as a property share because my aunty is very stubborn. She is not ready to give NOC to trf room from my mother name to me. 5) I took loan to give share to my sister now I feel that my sister & my unmarried aunty both are made fraud with me. 6) Pls. give me advice that what will I do.
It is by survivor ship and not inheritance. Sister had no claim. Have you mention the condition in gift deed ?
or what document executed to give share to sister ? Room will trasfer in your name only. And only aunt has right in room non else who are not living there.
File recovery suit agasint sister.
1) pagdi room must have been transferred in father name with the consent of your grand mother , your father siblings
2)un married aunty is staying in pagdi premises can claim share in the property
3) you cannot force sister to take care of aunty
4) your sister would not refund money given by you as her share in property
5) apply to landlord to transfer rent receipts in your name . enclose mother death certifcate , NOC of your sister
6) let your aunt file suit to claim share in pagdi property f they so desire
1. this case is governed by the Bombay Rent Act, 1947 which is now succeeded by the Maharashtra Rent Act, 1999
2. as per definition of tenant in both these acts, in case of residential premises, the family members living with the tenant at the time of his demise in the tenanted premises, are entitled for transfer of tenancy to their name and only when such family members are absent, can the legal heirs claim tenancy rights
3. so you need to check first who all were living with your grandfather at time of death. These people will be entitled to tenancy rights
4. however it appears that the rent receipt got subsequently transferred to your father and mother. So you also need to check who all were living with them in the room when they passed away. These persons will be entitled to tenancy rights
5. it appears that your aunt was living all throughout in the room and as such she has a right and claim over tenancy of the room.
6. i doubt if other married aunts can claim tenancy rights since they must have already shifted to their matrimonial homes and would not be residing in the premises at the time of the death of your grandfather and parents
7. if you are claiming exclusive tenancy right then you will have to file a declaratory suit in small causes court in which the landlord and legal heirs of the last tenant and the family members living with the last tenant will have to be made party defendants
Pagdi room is only transfered to the person who is staying with the tenant during his death. Yes you can file a suit against your sister
1. After your grandfather's death the pagdi system property shall devolve equally on all his legal heirs consisting of your father and his sisters and your grandmother.
If all other legal heirs have relinquished their rights in favor of your father then he can have the property on his name.
Thus it might be on an oral agreement that the property was transferred to your father's name.
2. If your father was eligible for a share in the property they are also entitled for their legitimate share in the property.
3. No you cannot file any suit against her for refusing to take care of your aunty because no such agreement is enforceable in court of law.
4. You can demand the money from her that you have given for this purpose, but it may not be possible for you to recover the same from her legally.
5. You can inform your sister and brother in law that you will give police complaint if they dont return the money, though it may not be maintainable.
You may see to it that you and your sister will be eligible for a share out of your father's share in the property similarly your aunts are also eligible .
You may have to sort it out amicably because legally you may not be able to achieve anything except claim your own share.
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do
Dear Client
Before 2005 the property of Hindu family divides into male members of family this is because the property of your grandfather transfer to your father and the to your name.
You shouldn't have given the share to your sister as she is not eligible for share as per Hindu law because your father died before 2005. Even your aunts are not eligible for share.
You can file recovery suit for the share you have given to your sister but if you have make some agreement of giving share then you can't recover the money from them now. And you hve to take care of your aunt as per maintenance law.
