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What are the legal options to stop eviction in Pagdi system?
30-Aug-2023 (In Landlord/Tenant Law)
My parents moved to a pagdi system house in 1989 in Kalyan, by giving 60000 as pagdi. There was no legal agreement signed at that time. We only have rent receipts with us. Now the landlord is asking to clear the property and is not accepting that we were in pagdi. He is not allowing us to sell it to anyone else. He is saying pagdi system does not exists in Thane and is ready to return the deposit of 60k to us. Please advise as the cost of that property is now well over 15 lakhs. Is there a legal option available to us?
Hello,
Immediately serve him legal notice.
Rent receipts are very good evidence for your property that you have on tenancy basis.
You may also move to the competent court under Maharashtra rent control act for declaring your parents as monthly tenant of the said property.
Thanks.
Immediately serve him legal notice.
Rent receipts are very good evidence for your property that you have on tenancy basis.
You may also move to the competent court under Maharashtra rent control act for declaring your parents as monthly tenant of the said property.
Thanks.
Helpful?
31+
31+
Adv. Amjad Shaikh
Navi Mumbai | 25+ Answers
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What are the disadvantages of Pagdi system?
Pagdi System: Its Disadvantages
A resident may be a joint owner of the property, but not the land. It is therefore useless to be a property-owner. Tenants cannot control rent after paying. Rent can be increased by the owner and tenants cannot challenge it. 27-Feb-2023
How can I convert Pagdi to ownership?
Transfer of PAGDI Flats
The landlord, the outgoing tenant, and the incoming tenant/owner execute a tripartite agreement. The landlord is entitled to charge the pagdi, or premium when transferring the property. This right has been explicitly recognised in Section 56 of Rent Control Act. 11-Jul-2022
What are the rights of tenants in Pagdi?
Ans. The Pagdi System is a pre independence rental law which gives the tenant ownership rights of the rented property. This includes the right to sublet or sell the property while giving a portion to the owner. 30-Mar-2023
Who are the heirs of deceased tenant?
Any family member of the tenant who was using the premises when the tenant died will have the right to the premises. In the absence of this family member, the legal heir will have the right to the premises. 14-Oct-2021
Dear Querist the intention of landlord is malafide. The Maharashtra Control Rent Act extends to entire Maharashtra in the areas mentioned in the Act. You cannot sell a tenanted premises.
Continue to tender rent to the Landlord. if you feel that your rights are being prejudiced file a declaratory suit in the court of law
Continue to tender rent to the Landlord. if you feel that your rights are being prejudiced file a declaratory suit in the court of law
Helpful?
49+
49+
Adv. Jitendra Ahuja
Mumbai | 100+ Answers
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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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