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Seeking an amicable solution for family property under pagri system
07-May-2023 (In Property Law)
I am staying in a house with my family and my younger brother and his family. The house is under the pagri system.Both my parents have passed away. The rent comes in my father's name. We now want to seperate.We have two opoptions either one stays or both move.If I stay after compensating my brother am I by law supposed to pay the landlord money to transfer the property in my name? If so how much? I also have a younger sister who is married but staying seperately. Does she have a right or say in the matter. Do I have to compensate her?My parents did not leave any will .Please advice .
If you occupy a tenanted property which stood in your deceased father name but now you want that to have your name ,then definitely the landlord will ask for his share for this but if you continue to live in the property then after the death of your father the contractual tenant you and your brother had become the statuary tenant can be evicted from the property according to the Rent Control Act applicable to your city/state.
After the death of your father being a statuary tenant ,the tenancy will not pass on to you as only contractual tenancy and cannot be inherited . What it means in that case either you pay the amount of money asked in the form of 'Pagri' to the landlord & become the new contractual tenant with the tenancy in your name or you . You will have to pay 10- 33%to the land lord for the transfer.
As stated above this is not inherited, so you will have to neither compensate her or your brother.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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