We own a pagadi property. The building has 3 landlords who are fighting a legal battle internally and hence are not in talking terms with each other. We wish to sell our property. The landlords are not agreeing to register the sale. What is the best way to go ahead with the sale?
1. The pagdi property can not be sold without the consent of the landlord.
2. Howevr what you can do is to sub lease the property for 100 years which is akin to sale and move out of this property taking a lump sum out of it.
3. Since your legal status is nothing but a tenant you can never sell this property.
You need landlord consent to sell the property
2) even if you sell without consent of landlord he would file eviction suit against the purchaser
The landlord has consented for the transfer of the title but are refusing to register the transfer. What documentation should be done for this?
1) Obtain in writing from landlord that they have no objections for sale of property
2) tenancy agreement between landlord and new tenant is required to be registered in Maharashtra
3)landlord can then issue rent receipts in name of new tenant
The tenant cannot sale a pagdi property as in pagdi system also a tenant is always tenant and you cannot get the title of property to transfer.
What you can do is.sublease the property for time in pagdi system transfer the tenancy and take the amount for same.
Direct sale is not possible for sale.the owner of flat has to transfer it with you as confirming party .
Sir under registration act and sale or transfer of the immovable property has to be mendatorely registered so if he refusing to get document registered this can cause you a trouble.
For a valid transfer from land lord he has to make a registered sale deed in favour of buyer and stamp.duty and registration charges has to be paid and it should be registered with the sub registrar.
The land lord if won't to transfer a registered sale deed is valid document.
Because if through unregistered document he does it now in future there can be litigation and problems on resale of property.
You can do the following:
1. You will need to get a NOC from the landlords regarding the sale of the property;
2. If they refuse to give the NOC issue a legal notice to them stating that their internal fight cannot affect your rights;
3. If they are still reluctant to give you NOC you can a file a writ in HC.
Unless a deed of conveyance is registered there would be no transfer of title. So mere consent of landlord is not enough.
1. PAGDI system property CANNOT be sold by the Tenant, EXCEPT with the written consent of the Land-Lord.
2. Presently you may transfer the Pagdi rights to the new Tenant via a proper documentation and consent of the Land-Lord.
Keep Smiling .... Hemant Agarwal
1. You can file a notice of motion in the pending suit between the owners to seek permission of the court to deposit the transfer fee for transfer of tenancy to incoming tenant.
2. Whatever be the outcome of the suit, the court will then release the transfer fee in favour of the owner in whose name the suit is decreed and finally decided
3. But this may present one problem. Generally pagdi transactions are done in cash. So if in your case the incoming tenant is making full cheque payment, then there is nothing to worry. You can simply file above notice of motion and deposit the transfer fee in court registry account.
4. If all the landlords have consented to the transfer of tenancy but not registering any agreement then too it's fine. The incoming tenant won't have any problem. Registration of tenancy agreement is the liability of landlord under the rent act. If the tenant has rent receipt, possession of tenanted premises and an unregistered tenancy agreement, then his title becomes clear.
5. If the landlords are not willing to execute any tenancy agreement at all, then you can simply execute a affidavit of surrender in favour of the incoming tenant stating that you have surrendered the tenancy in favour of incoming tenant with permission of landlord and you won't claim any right in the future in the tenanted premises
1) Without landlord how you will registered property on other party's name. First try to convince the landlord offer them few more percent from sale amount
Dear Sir,
Get issue a legal notice and file a suit for mandatory injunction with a request to issue specific directions to the landlord in the above matter.
Pagadi property cannot be sold. It can be only transfer and assigned to different tenant. You need to pay a share of the receipt amount to the landlord for transfer.
You cannot sell the property which do not belong to you.
You should remember that you are just a tenant and not the owner, hence you cannot transfer the title of the property to anyone.
You may arrange for transfer of the tenancy rights to a fresh tenant once you agree to pay the current rate of 33% of the sale consideration amount to the landlord.
If the multiple landlords do not cooperate then you cannot do anything about it.
There is no law involved in it. There is no provisions of law to regulate this situation.
The landlord has consented for the transfer of the title but are refusing to register the transfer. What documentation should be done for this?
Without registration of the tenancy agreement to the new buyer, this will not be legally valid, the buyer will not agree for unregistered tenancy agreement.
Any amount of any type of documentation will not hold legal validity on this.
Do you have an agreement to sale with them.
