• Tenancy law for daughters

Hello, I'm a 57 year hindu married women. There are 5 sisters including me. And there was my brother who passed away 6 years back. My father had 11 shops and offices in crawford market(Mumbai, MH) in 80's but just before my marriage he passed away. Me and my sisters didn't know how many properties were left until my brother's son asked us to sign NOC (10 months back) and give him the rights of the property. There are three properties yet left under my father's name. They're under pagdi system. 

All other sisters want to give their share to me as they don't need the money but my family is under a lot of financial pressure so we want it. Now my brothers son has refused to give me the share of the property as he says that daughters don't have rights under tenancy law. He also refuses to share the copy of the property papers.
 
1. Do daughters have no right under pagdi system?
2. If I go legal how much time would it take for me to get a resolution?
3. How much would it all cost? As we are not doing financially well.
Asked 1 month ago in Property Law
Religion: Hindu

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7 Answers

1) mere giving NOC does not make brother son absolute owner of 11 shops and offices 

 

2) you can file suit for partition to claim share in property 

 

3) as far as three properties are concerned on father demise 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.

 

4) the family member who desires to claim the tenancy rights of the demised tenant must show evidence that he/she was perpetually living with the deceased tenant at the time of his/her demise. Only such a family member will get precedence over all other members of the family for the bequest of such tenancy rights over the premises.


5) litigation is long drawn process and take years to be disposed of 

 

6) litigation fees depend upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94743 Answers
7540 Consultations

5.0 on 5.0

The pagdi system was legalised by the Maharashtra Rent Control Act, 1999. Generally, 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.
An agreement with the tenant will come to an end on the death of the tenant, the heirs will have no rights in the name of tenancy rights, they can stay there for a further period of one year/5 year as per the tenancy protection rights in the event of the death of tenant, therefore the so called legal heirs cannot claim tenancy rights or rental agreement in their names or object to the new rental agreement to the son of the deceased tenant in any manner and no such objections will sustain in law.

Son selling off the property recently, by himself.

In pagadi system though in literal language it is called as selling of the property, legally

Nobody can claim a share in it as a right in any capacity, all such things have to be settled by a meeting among the family members only.
As a matter of fact if you were not living or were with your father into the business at the time of his death, you can't claim inheritance of tenancy rights too.
Thus better settle the matter amicably because in your family dispute the landlord will take benefit and throw everyone out of the shop without giving any benefits to anyone.

T Kalaiselvan
Advocate, Vellore
84942 Answers
2198 Consultations

5.0 on 5.0

The property belonged to your father and hence you have a share in the property. Share means share in every thing ie in income too. So you should file a partition suit against all the shareholders and your sisters should give you an noc and on that basis you will get the share of all the other and also the money from the previous sale of property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

so far as tenancy property is concerned, once the daughter gets married, she loses her right over her father's tenanted property

so after the father's demise, who is the original tenant, his married daughters cannot claim any right or share in the tenanted property

if you still wish to litigate then please be informed that litigation is EXPENSIVE

the overall charges would depend from lawyer to lawyer

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

1. Yes they have rights as tenants

2. Legal cases takes time and cost and time can’t be computed 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear client 

I can help address your concerns about the pagdi properties.

Daughters' Rights under Pagdi System:

Daughters Do Have Rights: In India, daughters have equal inheritance rights as sons, including under the Pagdi system. Landmark legislation like the Hindu Succession Act (amended in 2005) ensures this. Your nephew's claim that daughters have no rights is incorrect.
Legal Options and Timeline:

The timeline for a legal resolution can vary depending on the complexity of the case and court backlog. It could range from a few months to several years.

Cost Considerations:

Financial Strain: While legal fees can be a concern, some lawyers might offer flexible payment plans or work pro bono (free of charge) depending on your financial situation. You can explore legal aid options offered by the government or bar associations.
Next Steps:

Gather all documents you have related to the properties, even if it's minimal information.
Contact a lawyer specializing in property rights, particularly familiar with the Pagdi system in Maharashtra. Explain your circumstances and seek guidance on the best course of action.
Explore legal aid options offered by the government or bar associations to minimize financial burden.
Remember, legal action should be a last resort. Consider approaching your nephew again, armed with the knowledge of your rights, and try for an amicable solution.

Here are some resources that might be helpful:

Maharashtra Rent Control Act, 1999 (You can find information about this act online)
Legal Aid Services (Search online for legal aid services in your area)

Anik Miu
Advocate, Bangalore
8897 Answers
110 Consultations

4.7 on 5.0

1. As per Karnataka High Court in the matter of Nimbavva vs Channaveerayya , the daughters have equal right

2. Depend upon the burden of the court. 

3. It also depend upon the advocate to whom you will engage. 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

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