Hi, In Pagadi system you can sell your tenancy right to the purchaser .. The best way is to obtain the consideration amount in white , and transfer the 33 percent share to the landlord ..
Want to sell Pagadi system flat
We have a case pending in small causes court to deposit rent for two rooms in a Pagadi system flat. The landlord had harassed my mother for months not willing to take rent, so we filed a suit to pay rent in court and the court allowed us to do that till the suit is pending. Now we want to sell off the flat. The landlord himself is ready to buy but wants to grab it way below market price. We have another client who is willing to pay a much better price but the landlord will not agree to the deal. He has already filed false complaint against another tenant in the same building who was trying to sell his shop and usurped his property through court order. How can I sell to the other party , giving the landlord his share and going through the court, so he does not put false complaints against my mother, who is a senior citizen. Shahi
Asked 8 years ago in Property Law
Religion: Muslim
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4 Answers
Sir, lawfully you can sell your flat to another person but as per law you have to pay 33% in cash of the total sale price to the landlord. Please contact a local lawyer to help you in the dealings.
Hope my reply helps you.
Legally you are not the owner to seel the proeprty belonging to some other person. You are just a tenant init.
Hence you have to involve the landlord in the transaction by giving him a little extra share than the normal practice to amicably solve this issue, or else you cannot sell the property without his consent, i.e., you cannot transfer the tenancy rights without the consent of the landlord.
1. You are not the owner of the said flat but only the tenant against pagdi system.
2. so, you can not sell the flat and convey its title to a third party but can sell and transfer the tenancy right which you have acquired by paying the pagdi.
3. You sell your tenancy right to the person you have already negotiated.
4. Engage a local lawyer having expertise in this field for carefully drafting the agreement transferring the tenancy right in favour of the said person.
