14 Answers

Your mother have to authorize you to sell the room on her behalf. Either she herself become seller in sale in deed or execute notorise POA in your favor to act on her behalf.

Yes we both are wanting to sell it off however people don't want to buy a 1 St floor room they say is not legal. And loan is available or not we r not sure. Can u suggest us

your mother can execute registered sale deed in favor of purchaser

2) since it is not rented premises you dont need landlord consent to sell your room

Single rooms are openly sold in Mumbai.

Original title/transfer deed duly stamped and registered in favour of your mother

All original link documents from first owner upto your father

Sanctioned building plans to check if the floor is legal and to ascertain carpet area

Is there a society or landlord?

If you have power of attorney in your favour from your mother you can make sale deed in favour of the buyer.

See if the title is clear then in that case you can sell same. For loan it has to be enquired with bank.

1.Your mother can sell chawl room.

2.pagdi flats in Maharashtra are governed by The Maharashtra Rent Control Act of 1999, and a pagdi flat can not be transferred by the tenants without the permission of the landlord.

If the ownership is of the mother then the mother will have to sign the documents in order to sell the land

Selling 1st room is legal, you may check with the local bank if loan on the property is available or not.

This is a pagdi system property.

Hence you cannot sell the property without the consent of the landlord

In fact your father also cannot transfer this property to your mother's name without the consent of the landlord.

However since all the bills and the rents are in her name she has to transfer the rights to you with the consent of the landlord.

Pagdi system room is like ownership kind of property deal, we can say Semi-ownership room.

in terms of legal language, there is nothing called Pagdi in transfer of property act. this is absolutely local system vide which the person (Landlord , the first owner) in possession of any immovable property gets certain agreed amount prior to transferring the possession of that property in favour of transferee (second owner).

But the convention is that when the same is transferred to some other person on pagdi basis, the profit is shared 50:50 between the land lord and the pagdi tenant.