How to sell property in pagdi system
07-Apr-2023 (In Property Law)
Under the Pagdi system in Maharashtra, the tenant is typically responsible for the maintenance and repairs of the rented premises, as they are the ones occupying and using the property. However, if there are major structural repairs or issues that need to be addressed, the tenant can seek assistance from the landlord.
If there is a need for repairs, the tenant should first inform the landlord about the issue and request them to take action. If the landlord and tenant have entered into an agreement that provides for the maintenance and repairs of the rented premises, the tenant can seek repairs under the terms of the agreement. If the landlord fails to carry out the necessary repairs, the tenant may have legal recourse under the provisions of the Rent Control Act or the Small Causes Court in their jurisdiction to file a complaint.
Additionally, under the Maharashtra Rent Control Act, 1999, tenants are entitled to basic amenities, including repairs, and can file a complaint with the Rent Control Court if the landlord fails to provide such amenities. The Rent Control Court can order the landlord to carry out the necessary repairs or provide compensation to the tenant.
They may also seek assistance from local tenants' associations or legal aid organizations for advice and support.
It is important to note that the Pagdi system is not legally recognized, and therefore, tenants may face difficulty in seeking redressal for disputes or issues. It is recommended that tenants enter into a written agreement with the landlord and keep copies of all documents related to the lease, including receipts for any payments made, in order to protect their rights and interests.
Sec. 56: Rights of Tenant and Landlord to receive lawful charges – Notwithstanding anything contained in this Act, it shall be lawful for:
1) The tenant or any person acting or purporting to act on behalf of the tenant to claim or receive an sum or any consideration, as a condition of the relinquishment, transfer or assignment of his tenancy or any premises;
2) The landlord or any person acting or purporting to act on behalf of the landlord to receive any fine, premium or other like sum deposit or any consideration on respect of the grant, or renewal of a lease of any premises, or for giving his consent to the transfer of a lease to any other person.
3.She can also approach the court showing the condition of the building and the plans approved by mahada for the building being in bad condition an ask the landlord to take necessary steps
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