Advocate Navin Sachanandani

Questions Answered by Advocate Navin Sachanandani (25+ answers)

Q: How to sell pagdi property ?

My aunty widow without any children stays in pagdi system. She wants to sell, but landlord not allowing to sell. Now bldg in dilapidated condition. Landlord not contributing in repairs. Bldg people got a contractor, broke one side wall of my aunt's house, now realized that even flooring is weak. And tenants were told that entire bldg needs repairs. So, work is just left there. Mhada ready to contribute only some part n remaining to be given by tenants. My aunty was not for repairs as she cannot afford. Now what can be done? Her wall is broken, and she cannot stay. Pls advise, further course of action.

Advocate Navin Sachanandani answered
where redevelopment is concerned, very often, in the island city particularly in olden parts, there’s reference to pagdi properties. The consideration paid to a landlord as a fine, premium or consideration (pagdi) has been legalized by Section 56 of Rent Control Act, 1999. It is now also lawful for a tenant to receive any amount in consideration of the relinquishment or transfer of his tenancy. Incidentally, in the Rent Act, 1974 giving or receiving pagdi in cash was held ‘illegal’ hence there was extensive use of black money. Now too, in cities like Mumbai, for the transfer of tenancy, 33 per cent of the amount in transaction is paid ilto the landlord to affect the transfer of tenancy or assignment. If one wants to sell his home for Rs 9 lakhs, he will have to pay Rs 3 lakh of the amount to the landlord. The purchaser of land in a pagdi system is said to be a tenant and has limited rights because a very nominal rent is collected by the landlord and receipt given accordingly. However, when there is redevelopment of the said property, the landlord usually makes a deal with the developer and stakes his claim of his 33 per cent and accordingly takes profit out of the property permanently.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

Q: Transfer of Matrimonial divorce case to a different state

i would like to transfer Matrimonial divorce case from Hardoi UP to Mumbai. as after marriage me and my husband was working in mumbai since last 10 years. 3 months back my husband left me and file divorce case at his home town. i am working and have 6 year old son. i would like to transfer divorce case from UP to Mumbai. Please suggest.

Advocate Navin Sachanandani answered
The only option available to you is to move the high court and ask for relief The high court will pass an order and pertaining to that order the lower court will transfer the matter to the jurisdiction of Bombay swing the importance of the transfer And also the intention of the husband

Q: Can I get a divorce while living in the same house as my husband

I don't have a place in my city to go live at, my daughter's education will suffer if I move to my parents place as it's in a far away city. My husband has his family here but they don't want him back to there house too. I had put all my money in this house and my husband took a loan for the rest of the payments, I had stopped working post delivery and now I am not financially strong to move out. Can we still file for a divorce while we stay under the same roof?

Advocate Navin Sachanandani answered
Yes u can file for it,There is no issue with the same But what is ur reasoning depending on which we will have to decide what petition needs to be filed and what action needs to be taken in your matter

Q: Procedure to file case for divorce if wife threatening to file case

Dear Sir/Madam, I have been married for 1 year, since marriage we both are living separately, I had a extra marital affair for a brief period and my wife got to know and had evidence too such as photos. Now when I asked to mutually divorce she is not ready and said that she will file fraud and other charges against me. I wanted to know what would be the punishment if she files case. How can I make it a normal divorce without any charges.

Advocate Navin Sachanandani answered
She is capable of filing for a divorce where I'm she is going to lay all allegation on you and she can also file for a domestic violence case against you and along with it betray and adultry if she is really incline towards it or else we can talk to her to and try to settle the matter peacefully

Q: Sister filed property share case against me, wants to resolve it

My mother has a flat , she is having 4 children , two son who is living in the house , and two daughters who got married , now my one brother is living the house , and he doesn't want any share in the property , he is ready to sign , but the two daughters , wants the share in the property , I already paid them plenty of money in their marriage , but it is not on the paper , but now they are deny it , they have now became greedy , if the daughters goes against me in the legal way , how much time it will take for the judgement from the court , is there any other way , to get rid of this problem .

Advocate Navin Sachanandani answered
by your letter it is assumed that your mother is alive and she is yet holding the right in the flat, if you want to avoid the litigation way there is a simple way of making a gift deed in your name and getting the flat transferred in your name this process will protect you from the litigation and a registers gift deed will hold more importance as the person has done within his life time