Pagadhi Property grandfather name gone for redevelopment

Dear Client,
The Pagdi system is a legalized form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999. The Pagdi system provides tenants with the security of tenure, allowing them to occupy the property indefinitely. The residual legal heirs of the original Tenants are entitled to have the Tenancy transferred in their names. Tenancy rights are inherited by family members who were residing with the tenant at the time of their death. Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, clarifies the rights of legal heirs in the Pagdi system and states that: 1) A tenant’s family member who has been living with the deceased 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. Transferring ownership in the Pagdi system requires a tripartite agreement between the landlord, the outgoing tenants, i.e., who relinquish their tenancy rights and the incoming tenant. The tenant cannot sell a pagdi property, as in the pagdi system, a tenant is always a tenant and you cannot get the title of the property to transfer. A pagdi property can not be sold without the consent of the landlord. In the given scenario, you may file an application before the Rent Controller appointed under the Maharashtra Rent Control Act seeking the status quo of the pagdi property which was registered in the name of your uncle's son by a tenant without informing the co-tenant. If required, consult or hire an Advocate or visit the office of the Rent Controller concerned to understand your rights and remedies to navigate the issue in the right way.

Dear Sir,

If your uncle was the only person in possession and paid rent, and no other legal heir (your father or others) objected, the builder and landlord likely treated him as sole successor.

Once the flat is registered in his son's name, challenging it becomes harder, unless you prove:

Fraud or misrepresentation.

Your father had an equal legal right that was deliberately suppressed.

No consent from other legal heirs was taken.