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How can I transfer shop's possession from husband's name to my name


20-Nov-2023 (In Landlord/Tenant Law)

My husband was in possession of a pagdi shop since 6 Decades . He passed away 2yrs back without any will . I now want to transfer the shop in my name . landlord asked me to submit the NOC of the legal heirs (children) which I did....but 3 months have passed there is no response from the landlord....i have also submitted the application for the same..What should I do next to get it transfered soon?....Can I sell the shop without rent bill transfered in my name?.

Answers (1)

Answer #1
390 votes

In  the event of the death of your husband being a statuary tenant,the tenancy will not pass on to you as only contractual tenancy can be inherited not the statuary. 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.

 In case he fails to accept the rent then you can deposit the same in the court. Further you cnanot sell premises without consent of landlord

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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