I live in Pagdi. My receipt is on my grandfather's name but he is no more. So I want to transfer the Pagdi on my father's name. What I can do?

My uncle has been living as a tenant in the pagdi system and since the tenants acts as a co owner of the property, he thought after living for a decade he will be able to be the owner of the property solely. But of course it was never meant to happen. He came to my father last year to ask about

transfer of ownership in pagdi system and my father simply said that it won’t ever happen. In order to do so, my father said that he has to relinquish the rights of his tenancy and execute a sale deed with the landlord if he wishes so as per Section 54 of Transfer of Property Act, 1882, he can get it registered under Section 17 of the Registration Act, 1908. 

Can transfer of name in pagdi system happen?

People think being the coroner gives them all the liberty to take charge of the property solely and compare its right with ordinary property rights but no. One can transfer name under the Pagdi system only if they are able to obtain the NOC from all the legal heirs of the owner. 

 What are the transfer of tenancy rights in pagdi system?

The rules of inheriting tenancy rights under the Pagdi system are as follows:

• After the death of the current tenant, the tenancy rights gets transferred to their legal heirs

• A new tenant can ask the landlord to issue a fresh rent receipt in the heir’s name.

The concept of

transfer of ownership in pagdi system must be clear to you now

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Under the pagdi system, the transfer of name can happen if you obtain the NOC from all the legal heirs. Since your grandfather has passed away, you can get the name changed on rent receipts to your father’s only if all the heirs of the pagdi property agree to it.

I have come across cases where landlords demand huge sums for name transfer. Please be aware that the landlord cannot demand it. If he does so, you can reach out to the court and submit the succession certificate, NOC and rent receipts of regular rent payment. 

I would advise you to approach a lawyer and get better clarity on the matter and proceed further with the process.