Transfer of name in Bhada Salami after my father's death
2 years ago
Dear Sir
My father bought a house in Howrah 20 years ago under Bhada Salami and we are paying a nominal rent for that. But in November 2020 my father died and after that my tenant inform me that we have to change the name within 3 years for that he is taking 30% of the house value for transferring the name.
My Questions are :-
1. He is taking 30% for transfer of name. Is it fair or he is taking advantage after my father's death...?
2. After every 5 years, he is increasing the rent by saying that it is a rule in Bhada Salami.
3. Is there any agreement copy with the tenant as he is telling there us no such agreement between the tenant and landlord. The only rent receipt is the approve with the tenant.
4. If from few year landlord is cheating us and charging more rent from us. What action should be taken against him..?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In Bhada Salami, initial payment is almost always made in cash with paperwork whatsoever. Only the (nominal) rent is mentioned in the agreement legally signed. The lease is inheritable from father to son and does not have any expiry date. Also, the rent payable is far, far lesser than you'd expect in the standard model of real estate renting. This is because the initial cash payment is usually a very hefty amount. (For eg. Rs. 1000000 as pagdi/salami followed by Rs. 1000 as monthly rent or bhada).
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It would be advised to contact a local lawyer with understanding of local laws. A person having understanding of local laws could be of more help.
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