• Pagadi system property ownership

Hi.... 
I have Pagadi system property but still  rent receipt comes on my grand father name , and this property already aloted by my grand father to my father , it was orally settlement front of family member , but that time my father dint make any Ligal document on his name but all residential proof on my dad and my mom name. Now my dad passed away after my dad , my mom transfer ration card and light bill on her name .that time my fathers brother agree with this settlement and until his date he dint have problem with this ,he was ready to left his right .But Latter my uncle demises and my father demises my uncle children demanding there share from us even they know that property is given to my dad allready. And 3 years ago I Have taken there NOC CUM AFFIDAVITE IT IS NOTRIZE WITH REVENUE on 100 Rs stamp paper . I was taken there Noc for my personal purpose that time I wanted to show that property on my mom name, that time they gave us Noc but now they are asking there share. What I can do in such condition , as per my family settlement  they don't have right to ask us , only the rent receipt come on my grant father name they are asking there father-share But now this property is going for redevelopment and they provide affidavit to society that they are also share holder in this property. We have allready submitted our all document like ration card , light bill, Aadhar card, PAN card,bank passbook, voting card all residential proof to Mhada redevelopment according to document socity consider my mom ownership, my cousin don't have any residential proof on same address and they are not staying there since 40 year, now I want to know is my mom will be the owner of that property or stills my cousin can applicable to there share, if not then what kind of notice I should provide to society against there AFFIDAVIT wich they given to society, and if not then what I have to do in situation  I have allready provide there Noc to society . Now they are denying that settlement and there NOC, and one more thing I want know , after there noc will they are become share holder , will they take back there NOC.
Asked 4 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Buddhist
if grand father wanted your father to have the property he should have requested landlord to transfer rent receipt in your father name 

2) admittedly it was not done 

3) on father and uncle demise uncle children can claim share in tenanted premises if they have been staying in said property 

4) if they had given NOC for transfer of property in your mother name apply to landlord to transfer rent receipt in your mother name 

5) you have stated that  uncle children have  submitted written objection to society not to allot the flat to your mother 

6) society in such cases would direct uncle children to obtain court orders restraining allottment of flat to your mother 

7) it is better you arrive at an amicable settlement with your cousins 

Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
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Hi
who is the landlord, is it any individual or BMC
The cousins  have no claim in the property as it was handed over to your mom under pagadi system.
It is better that you intimate the builder about this.
Your cousins have no claims as they were not residing in the premise.
By birth or under succession they have no right in the property as a leasehold or the pagadi system cannot be treated as ancestral property .
If the builder is not agreeing to your request you should move to court 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) rely upon NOC given by cousin family for transfer of flat in mother name 

2) mention that they have no share in said property as they never stayed in said premises for over 40 years 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
For re-development of property, they have to produce the proof of possession, since they do not have any, the builder or the landlord can very well reject their objection.
With the NOC from them given earlier and also on the basis of your continuous possession you may have to fight it back or to enter into some compromise arrangement with your cousins so that they withdraw their objections.
Since this is a pagdi system property the maintainability of legal action on this will be under question
T Kalaiselvan
Advocate, Vellore
14150 Answers
127 Consultations
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Landlord is individual, 
my cousin submitted written objection to society on AFFIDAVITE that they also have share in that property,now what I Have to give society in written, that society will not grant his objection.

The mere affidavit stating that they have share in the property will not be sufficient, they have to produce the proof of their possession too. You can fight it out on that basis. 
T Kalaiselvan
Advocate, Vellore
14150 Answers
127 Consultations
5.0 on 5.0

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