• Pagdi house - can married daughter claim rights

My house in mumbai is on pagdi under my late dad and Moms name. Now we are six brothers and sisters of which I am married and staying in Pune. My sister is staying in the pagdi house and so is my eldest brother who is slowly steadily claiming right on all rooms by locking them up and now claiming that house is in his name. He has also called his daughter with his SIL who has also occupied the house. Now what can I do? How can I claim my right?
Asked 9 months ago in Property Law
Religion: Other

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13 Answers

On demise of tenant rights of tenancy devolve upon family member residing with deceased tenant in the tenanted premises 

 

 

Ajay Sethi
Advocate, Mumbai
94232 Answers
7432 Consultations

5.0 on 5.0

You can issue a legal notice for partition of the pagdi property to your siblings.

If no response for your legal notice is received within a time stipulated, you may resort to legal action in this regard 

T Kalaiselvan
Advocate, Vellore
84432 Answers
2133 Consultations

5.0 on 5.0

If your sister was residing in the tenanted premises at time of your parents demise your brother cannot claim that he is the only tenant of the premises 

Ajay Sethi
Advocate, Mumbai
94232 Answers
7432 Consultations

5.0 on 5.0

Pagdi system is in practice and it is rent which is legally title in such cases. As per law on death of original tenant tenancy devolved upon class -1 legal heirs which includes his children, wife and mother if origional tenant is male. So all six children including your sister are entitled and inherit tenancy under Pagdi system. The act of elder brother is illegal and unwarranted. Get tenancy in name of all legal heirs I.e. children and thereafter act to resolve the issue amicably. Either of children can approach court also for injunction against elder brother. 

Siddharth Srivastava
Advocate, Delhi
1227 Answers

5.0 on 5.0

You don’t have to stay now but you should be staying during the death of tenant with him or her is the criteria

Prashant Nayak
Advocate, Mumbai
31572 Answers
168 Consultations

4.1 on 5.0

As a matter of fact all the legal heirs are entitled to a share in the pagdi property in the capacity of successor in interest succeeding the estates of the deceased tenant.

You can legally fight for your rights 

T Kalaiselvan
Advocate, Vellore
84432 Answers
2133 Consultations

5.0 on 5.0

Dear Sir,

 

RIGHTS OF PAGDI HOLDER

 

Q1. What is Pagdi system in Mumbai? 

Ans. The Pagdi system is a pre-independence rental law that gives the tenant certain ownership rights over the rented property, including the right to sub-let the property or even sells it while giving a share to the original owner. 

Q2. Is the Pagdi system legal in India now

Ans. While there are efforts to modernize or abolish the archaic Pagdi system altogether, the system was made legal as per the Maharashtra Rent Control Act of 1999 and came into effect in the year 2000. 

Q3. What happens if my owner wants to sell the Pagdi property I’m renting?

Ans. If the original owners choose to sell the building with its land to a new real estate developer, you as a tenant will be given a substantial percentage of the current sale amount to vacate the premises.

Q4. Can I save on taxes on the sale of a Pagdi property I am renting?

Ans. The amount received from the sale of the Pagdi property is a capital asset and you can save tax on such long-term capital gains by reinvesting in a new home.

Q5. Can I get a home loan on a Pagdi property?

Ans. Getting a home loan on a property under the Pagdi System can be difficult, as many ownership issues remain prevalent with old properties. If you want the property rights transferred to your name, you need to establish your ownership rights for the banks to approve your loan application.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
481 Consultations

4.8 on 5.0

Under Section 7 (15) (d) of Maharashtra Tenancy Act, only a family member residing in the tenanted premises at the time of death of tenant is entitled to claim tenancy rights. As you reside in Pune, it not possible for you to claim tenancy rights but you can file a declaratory suit in civil court seeking declaration of your self as tenant and claim tenancy. 

Ravi Shinde
Advocate, Hyderabad
4035 Answers
42 Consultations

5.0 on 5.0

1. You have the right to stay in the house taken by your demised father on Pagdi like all his legal heirs.

 

2. You can occupy one of the rooms and lodge a police complaint alleging that you apprehend that the locks of your room will be broken by your said brother to illegally occupy your room.

Krishna Kishore Ganguly
Advocate, Kolkata
27107 Answers
726 Consultations

5.0 on 5.0

1. Your late father was not the owner but a tenant on pagdi terms.

 

2. After his demise all his legal heirs inherit the tenancy right based on the said pagdi system including you.

 

3. Your brother can not legally claim that the tenancy (under pagdi system) stands in your name.

 

4. You can lodge a police complaint against your said brother for resisting your entry in to the said house and thereafter file an application u/s156(3) before the local Court praying for a direction upon the police to register FIR against your brother based on your said complaint and take steps as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27107 Answers
726 Consultations

5.0 on 5.0

- The pagdi system was legalized by the Maharashtra Rent Control Act, and upon the death of a pagdi tenant, the tenancy rights are transferred to the legal heir/s who were living in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s.

- Since, your sister is staying in that house, then she can claim rights over the house equally to the brothers, and the said eldest brother cannot claim right on the entire house. 

- Further, being one of the legal heirs, you have also right , and hence you can send a legal notice to him for sharing the house equally. 

Mohammed Shahzad
Advocate, Delhi
12932 Answers
187 Consultations

5.0 on 5.0

Tenancy rights shall get transferred to Children on demise of Father. He has no title, you can live there.

Yogendra Singh Rajawat
Advocate, Jaipur
22556 Answers
31 Consultations

4.4 on 5.0

Madam there are Bombay High Court judgments which have held that a married daughter cannot claim in the tenanted property of her parents 

so you really do not have any locus

if your brother is asserting exclusive rights over the flat then it is for your sister [who is also staying in that flat] to take legal steps and NOT you 

Yusuf Rampurawala
Advocate, Mumbai
7441 Answers
79 Consultations

5.0 on 5.0

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