If you are living there during grandfather or with any tenant who was on record after grandfather then you will have rights there
Pagdi system property rights
Dear Lawyers, My great grandfather had pagdi system room in Prabhadevi, Mumbai. at that time my great grandfather along with their 5 children(including my grandfather)living there, In 1977 , my great grandfather and his 4 children made register affidavit that this room now use and take possession by my grandfather , and they all leave this room , After , my grandfather, his big son with his wife with two children(one son and one daughter) my father (second son)and me(second son's son)living there, we have names in Ration cards also, In 2000 my grandfather died , at that time I was in that room along with all family members mentioned above except my father. My father left that room long back. I was living there till 2006, in 2006 the builder came for redevelopment, and they started to redevelopment, which was completed in 2012, he made an agreement as ALTERNATE PERMANENT ACCOMMODATION , but on that agreement they mentioned only , My grandfather's big son, his wife and his one son name, (Second daughter left room after marriage) They removed me and my father from that agreement, which they made with builder. (I was 24year old on 2012) And now my uncle and aunt saying me that, now you don't have any rights to stay here as your father took 25 lack in cheque and 5 lack as cash from us. Now this agreement I got last month, in that nothing mention about payment, just showing my father given NOC , Now my question is should I(grand son) have any rights in that room ?? Can I ask my share in that room Till 2012 rent receipts on my great grandfather name only , Please assist ,
Asked 2 years ago in Property Law
Religion: Hindu
8 Answers
Just check with your father if he has taken any money by cheque
2) if he has done so you cannot claim any tenancy rights as your father had given NOC
@Ajay Sethi, yes they took payment from cheque, so I can ask ask my share from father ? Can you please co relate with section section 7(15) of maharashtra rent control act?
Asked 2 years ago
tenancy rights cannot be inherited by a joint Hindu family as a unit and a person cannot claim an independent right or inheritance of tenancy in a premise merely by virtue of being a member of joint Hindu family.
2) your father has surrendered tenancy rights and taken money from your uncle
3) you cannot claim tenancy rights
4) you cannot claim any share from your father
The proeprty was handed over / allotted to your paternal uncle in the year 2012.
You did not protest that neither you claimed any rights for a share in it from him or by approaching the court of law.
The possession to him was hostile to and adverse, hence your claim now is barred by limitation besides, your father has already given NOC for this pagdi system property, which are considered to be proper and legally valid under this system.
According to Section 7(15)(d) of MRCA and Section 5(11)(c) of the Bombay Rent Act, upon the death of a tenant, the tenancy passes on to a member of tenant's family who has been residing with the deceased tenant or operating the premises for commercial purposes at the time of his death. Your grandfather was a tenant and you too were living in that place.
However you did not make any claim for your rights in the property from the year 2012 onward.
You cannot even claim that your father's signature was forged or under suspicious circumstances. In fact your father was alive then hence you may not be able to claim any share during his lifetime. Hence your claim is barred by limitation under section 56 of the limitation act also
after the demise of your GF you lived in that room till 2006
in 2006 the property went for redevelopment and in 2012 it seems the new flat was allotted to your relatives
the PAAA must be a registered document
you are in 2024 now
if you claim a share now then it will be resisted on the point of limitation
what were you doing between 2012 and 2024 ? how will you explain ?
it appears that yours is a stale claim and if you file a suit against your uncle and aunt and their son to claim a share in the flat, you will most probably lose on the ground of limitation
you also cannot claim any share from the moneys paid to your father since that was paid to him for relinquishing his share in the room and NOT yours
you had a share in the room considering the definition of tenant under the rent act but you did not assert your right on time and now its too late in the day to claim
if you file a suit it certainly will not be easy and it will be attacked on preliminary grounds like delay and limitation
Dear Client, According to Section 7(15)(d) of the Maharashtra Rent Control Act of 1999, it states that a family member who lived with the deceased tenant at the time of death is the person to inherit the tenancy rights. Which means after the death of your grand father the persons who lives in that room have rights over the property. In this case only you having the inheritance rights not your father as he left the room long back.
The agreement can't be valid as you also have the right over the property and you haven't granted the NOC to give the room and get alternate permenant accomodation.
Best of Luck