• Pagdi system - shop issues

Dear Sir ,

My grand father purchased shop in 1955 in his name ( pagdi system).in slum area of Mumbai .Shop is of 160 square feet. 

my grand father died in 1976. 

My father run the shop from 1977 to 2012 . 

After 2012 my father have closed the shop due to health problem.

My father visit the shop twice a week. At present the shop is in name of my father. Our land lord told my father to evict the shop because the shop is closed or give the shop on rent 


My Questions :
1. Can landlord evict us what steps we have to take against it ?
2. if we sublet the shop on rent what legal points we have to remember ?
3. My father age is 65 can he make nominee for shop. if not, what he can do. if yes ,procedure ?

Thanking you,

Warm regards,
Nirav Shah
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) if shop is closed by your father landlord can evict your father by filing eviction suit

2) your father can carry on some business in said shop

3) father cannot sublet shop without landlord consent in writing

4) father can with landlord consent transfer tenancy rights of shop in your name

5) father can surrender tenancy rights to landlord or sell shop to third party with landlord consent

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Your father is a tenant in the property though it is under pagdi system.

Thus it becomes the duty of the tenant to pay the rent regularly.

Non payment of rent shall be a strong reason for eviction, hence think about it.

2. Sub-letting is not legal, however since it is pagdi system shop, the subletting may not draw a big adverse situation.

3. No nomination can be made for a rented shop. he can talk to the landlord to transfer the rental agreement to your name.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If landlord is ready and willing to extend his cooperation to given his consent in writing to sub let the property, then you may get it endorsed in the rental agreement by a separate document in a nonjudicial stamp paper.

Since it is mandatory to register the rental agreement in Maharashtra, irrespective of rental tenure, you may have to get it registered.

The landlord's consent in a separate document will suffice the requirement and the sub-letting agreement may be signed between the tenant and the new incumbent

Any new tenant, the details of it are to be notified to the police station

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) letter by landlord on his letter head that he has no objections to you subletting the shop should suffice

2) it is not necessary it be on stamp paper

3) leave and licence should be entered into . it should be duly stamped and regsitered

4) enclose letter of landlord that he has no objection to premises being given on rent

5) no need to inform local police station

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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