on demise of mother all legal heirs class1 get equal share, if there is no will.
for transfer of rent receipt all legal heirs NOC required..
yes they can stay.
better settle dispute amicably.
My grandmother has purchased 1 room under pagdi system in 1982. my grandmother has 3 daughter all are married. out of 3 daughters both elder daughter are staying at her matrimonial house since 1977. my mother being younger was married in 1983 and continued to stay with my granddaughter along with my father and me & my Sister. MY grandmother passed away on 15.03.2018. at the time of her death her younger daughter and son in law was staying with her. now both her elder daughters are asking for share in property or they are threading to come and stay in the said property. 1. can my aunties ask for any share in my grandmother property? 2. Does landlord need any NOC for other legal heirs for transfer of rent receipt in my mother's name. 3. Can my aunties forcefully come and stay in said property after death of my grandmother. 4. what kind of legal action we can take against them to prove my mother in deemed tenant after deth of my grandmother. 5. can my father be co tenant being her son in law & residing at said premises after death of original tenant
on demise of mother all legal heirs class1 get equal share, if there is no will.
for transfer of rent receipt all legal heirs NOC required..
yes they can stay.
better settle dispute amicably.
1. can my aunties ask for any share in my grandmother property?
No they cannot. First preference will be given to your parents and you and your sister. All of you become joint tenants since you all were residing in the premises at time of your grandmother's death.2. Does landlord need any NOC for other legal heirs for transfer of rent receipt in my mother's name.
as per law first preference for transfer of rent bill must be given to family members as above. But landlord in order to be safe will ask for NOC of all legal heirs. But nothing stops the landlord to transfer rent bill in joint names of your parents. He is legally protected and is entitled to do so. He may demand some transfer fee though3. Can my aunties forcefully come and stay in said property after death of my grandmother.
no they cannot. That will amount to criminal trespass.4. what kind of legal action we can take against them to prove my mother in deemed tenant after deth of my grandmother.
your mother and father alongwith you and your sis automatically become deemed tenants. However if landlord refuses to transfer rent bill then you can file a declaratory suit in small causes court.5. can my father be co tenant being her son in law & residing at said premises after death of original tenant
yes absolutely
1) on grand mother demise your mother would be deemed tenant as she was staying in said rented flat with your grandmother
2) aunties can claim share in property
3) their NOC is necessary to transfer tenancy rights in your mother favour
4) they can come and stay in said property
Dear Client,
Under Pagdi system there is no concept of rights of legal heirs. You grandmother is tenant (not the owner). Post her death, the property will go to person who is residing with her.
Now receipt will issue in your mother name.
Cannot enter forcefully.
Your father can be co tenant.
1. Yes they can.
2. Yes, NOC is required in absence of any will.
3. No
4. File a suit for injunction
5. No
Regards
It can be only transferred with consent of landlord.
The property can't be sold if she is legal heir she can ask for share.
No landlord doesn't need any noc.
They can't forcefully. They can only stay there of they earlier staying with your mother in the same property.
You can approach court if landlord is not co-operating.
Yes if your father was residing
1. No since they moved out they have no right as the tenant.
02. See that's upon landlord he can insist upon NOC to avoid the dispute.
03. See they cannot enter forcefully if they do so police complaint can be filed.
04. Ask landlord to transfer the receipt if he fails a suit in the small causes court has to be filed.
05. Yes father can be the co-tenant.
1. This is a pagdi system property, hence for transfer of the same to your mother's name, the landlord may insist NOC from other legal heirs, you may decide about compromise settlement with them on this.
2. Yes.
3. They can because they are also the legal heirs of their mother.
4. You cannot say that your mother alone is the tenant upon the death of her mother, the other legal heirs have got rights to claim the property.
5. No, he is a third person as far as this situation is concerned.
Yes your aunts can demand the share from property.
Yes NOC is needed from all the legal heirs of tenant to transfer the tenancy rights to one heir.
No they cannot live with you forcefully.
Your mother cannot be deemed tenant As there are other legal heirs also present to claim the share.
Yes but for that you also need NOC from other legal heirs