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Flat in wives name who died in 2016 husband occupying it 3 daughters
24-Oct-2023 (In Family Law)
FLAT IS ON WIFE'S NAME WHO EXPIRED IN 2016. HUSBAND IS OCCUPYING THE FLAT AT PRESENT. THE FLAT IS ON RENTAL BASIS - PAGRI BASIS & THE AGREEMENT WAS IN 1970. THERE ARE 3 DAUGHTERS WHO ARE MARRIED & SETTLED ABROAD. NOW HUSBAND WANTS TO SURRENDER THE FLAT'S TENANCY RIGHTS TO OWNER. IS NOC REQUIRED FROM THE 3 AUGHTERS ? CAN THE NOC BE IN MAIL OR LETTER FORM ?
hello dear Client, for your question the answer is "Yes", you have to take NOC from all the three Daughter for your tenanacy flat, if they are the Nominee or your wife has been made any Agreement on your Daughter name.
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Adv. Sachin Vijay Shukla
Mumbai | 100+ Answers
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Dear Client,
In Pagdi system the tenant who holds the rent receipt on his name has all the rights of tenancy and further if the tenant expires then the people living in the said place along with tenant get the right of tenancy with the permission of owner. If the owner is not ready to transfer rent receipt on name of new person, then new person has to approach court to get his tenancy rights declared.
Here if Owner is ready, Husband alone can sell/surrender his tenancy rights. Law of Succession is not applicable in Pagdi system
Expert Jurist LLP.
In Pagdi system the tenant who holds the rent receipt on his name has all the rights of tenancy and further if the tenant expires then the people living in the said place along with tenant get the right of tenancy with the permission of owner. If the owner is not ready to transfer rent receipt on name of new person, then new person has to approach court to get his tenancy rights declared.
Here if Owner is ready, Husband alone can sell/surrender his tenancy rights. Law of Succession is not applicable in Pagdi system
Expert Jurist LLP.
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Adv. JV Bhosale
Mumbai | 400+ Answers
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