Pagdi Property Pagdi Property

7 months ago

we have Pagdi property on my father's name. He died 2 years ago. I want to the property can be tranferred on married daughters name or not and how many name we can add in the property.

Anik

Responded 7 months ago

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A.Dear client,
The transfer of ownership or tenancy rights of "Pagdi" flats or premises can be achieved through the execution of a tripartite agreement between the landlord, outgoing tenant, and incoming tenant or owner.
A tenant's family member who has been living with the dead tenant at the time of his/her death shall be eligible first from the family as the successor to succeed the tenancy.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
The Pagdi system is a legalized form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999. Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, clarifies the rights of legal heirs in pagdi system and states that: 1) A tenant’s family member who has been living with the dead tenant at the time of his/her death shall be eligible first from the family as the successor to succeed the tenancy. 2) Upon the demise of a current page tenant, the tenancy rights can only be transferred to that legal heir(s). 3) The new tenant (legal heir) can request the landlord to issue a fresh rent receipt in the heir(s) name(s). Once the Pagdi amount is paid, the tenant becomes the owner of the property and has the right to live in it. The landlord cannot evict the tenant or repossess the property, as long as the tenant continues to pay the monthly rent. According to Section 56 of the Rent Control Act, 1999, this consideration paid to the landlord as a fine, premium, or consideration (Pagdi) was legalized. The act provides authorization for a tenant to receive any amount in consideration to relinquish or transfer of his/her tenancy rights.
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