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How to deal with landlord who is forcing me to evict under Pagdi ?
17-Jan-2023 (In Property Law)
I was tenant in pagdi system living in a building in south Mumbai for last 8 years.property type commercial. Our bldg was taken for redevelopment by a builder in 2012.He had also promised to pay monthly rent for the alternate accommodation till the possession of the new flat. They had made an agreement regarding the same & registered it.He issued 1 year cheque that's got cleared after a year he didnt issue any cheque always saying short of money.He had blocked rent for above 3 years.Shall I lose my ancestral residence or is there any way out? I hope you understand the seriousness of the situation and guide me the way to get peaceful possession of our owned commercial property at the earliest.
You have Ur tenancy right in the property hence landlord can not evict you,unless u hv violated statutory provisions of law. if there is any tenancy agreement has been executed then as per terms of the agreement u can leave there.otherwise you have right in ur Property as tenant .even if property goes for redevelopment.. u vl have ur right in new construction in proportion to ur present area with some incentive as provided under relevant law.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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What are the rules of Pagdi system?
This system requires tenants to pay the landlord a lump-sum amount, called the pagdi. They then pay nominal rents for the property. The pagdi is the tenants tenancy right and it can be sold or passed to their heirs. 30-Mar-2023
What is the pagdi system agreement?
Pagdi system rules
No leases or agreements exist between landlords and tenants. Tenants have certain rights to the land but not to the property. The tenants can sublet their property themselves under certain conditions.
What is the pagdi system case law?
Section 56 of Rent Control Act 1999 legalized the consideration (Pagdi), which is paid by the tenant to the landlord in the form of a premium, fine or other consideration. The act allows a tenant to accept any amount as consideration for the transfer or relinquishment of their tenancy rights. 29-Apr-2021
hello...first of all..dont worry ...u will not loose your property as all legal remedy is available in your favour but without looking in to the agreements entered in to between you and builders ...its not proper to advise you on legal remedy .
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Adv. Dipika Jigar Panchmatia
Mumbai | 25+ Answers
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Sir
your query is unclear to understand the factual background.
In the begining you mentioned that you are living since last eight years in a building -commercial property. But in later part you say that it is your ancestral residence. So it is unclear as to the actual permitted user of your tenancy premises.
Leaving apart above lack of clarity, my advice to you is to take legal action against builder for non performance of agreement. It can be a civil suit or a consumer complaint as per your choice. Latter is cost saving and comparatively time saving but with limited releif. Former will provide you wide reliefs and it is more effective.
Rent Court is opted out as you have no grievence against your landlord.
Regards,
Ravikant Thumbre
Advocate.
your query is unclear to understand the factual background.
In the begining you mentioned that you are living since last eight years in a building -commercial property. But in later part you say that it is your ancestral residence. So it is unclear as to the actual permitted user of your tenancy premises.
Leaving apart above lack of clarity, my advice to you is to take legal action against builder for non performance of agreement. It can be a civil suit or a consumer complaint as per your choice. Latter is cost saving and comparatively time saving but with limited releif. Former will provide you wide reliefs and it is more effective.
Rent Court is opted out as you have no grievence against your landlord.
Regards,
Ravikant Thumbre
Advocate.
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