• Regardsing pagdi system

My father n law was staying in pagdi house form last 50 years he had purchased that place form 1st tanent , who is alrady expired in 1976 
after that because of some transffer amount issue my fathernlaw could not transffer the tenentship from 1st tanent name to his own name, but he paid the rent form 1971 to 1990 and rent recipet was on the 1st tannt name who is expired, ,we have paid last rent in 1990 ,after that landlord refuse to take rent form my fathernlaw, and now we want to transffer the tanentship ,even landlord demant us for 1 lakh rupee to confirm the transffer amount to us, and after taken 1 lakh rupee form us he said the 50 lakh is transffer amout, which we are not able to pay , 
now we need help what to do , landlord is not ready to sattlement, if the building goes to redevelopment , we willget trouble on that time, pls tell us is our side is weak, but we are stying form 50 year and our all documents on that address only,
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Dear Client,

You are not paying rent since 1990, so tenancy deemed expired long bank. By principal of adverse possession, you have acquired actual ownership in the property, If property will go for redevelopment through court declaration, you will acquired actual ownership or otherwise owner have to accept your tenancy.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

landlord never transferred rent receipt in your name

2) as and when you purchase from tenant landlord consent is necessary to transfer tenancy in your name

3) in event of re development you would not get ownership rights of flat ion your name

4) you have not mentioned how your FIL paid Rs one lakh by cash or cheque

5) was any receipt issued by landlord for Rs 1 lakh paid to him

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

The property is in your adverse possession since 1990 since no rent is paid plus no tenancy is transferred so you cannot be treated as tenants but you have the adverse possession over the property in case the building goes for the redevelopment you can ask amount or share for leaving possession as you can based on adverse possession file a suit and take a stay.

Further the amount you paid to builder is cash or by cheque ???

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Procure some evidence of payment else it will be gone.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Then in that case you can lodge a FIR against the land lord for cheating and taking amount and not transferring tenancy. You should have to give proof of same that such amount was given.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You Can contact to 1st tenant family members for transfer of property.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You have no evidence of payment of any money to landlord

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Why tenant ship, should file suit for declaration of ownership on the basis of long undisputed peaceful possession.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir since no rent is paid you cannot be treated as tenant instead you have adverse possession over the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can take defence of adverse possession as defence

2) you have been in open , continuous and uninterrupted possession of property for over 12 years

3) don’t claim tenancy rights

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Since you have been staying there for 50 years and you have evidence to support the same, then you should not face problem;

2. The transfer amount demanded is very large;

3. You can file a formal complaint to the rent control authority;

4. Also if you file a suit for declaration of right, title and interest in the property, nobody can evict you;

5. Make sure you get the tenantship of the same, which will help you when it goes into redevelopment.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Any payment made in Cash to anybody has no legal value, unless and until the opposite party documentarily agrees to it.

2. It is true that you have become Tenant by virtue of the criteria "adverse possession" since more than 30 years and that too evict you, the legitimate land-lord has to follow due procedure of law, which will be very very difficult, in the current situation.

3. It is also true that, based on above point no. 2, you will be able to file suit for permanent tenantship, by following due procedure of law.

4. Even if the building goes for redevelopment, the Land Lord has to come to you for settlement and then you can negotiate with me across the table, which shall certainly be in your favor.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since the rent receipts were issued in the name of the previous tenant and also ever since thee year 1990 no rent was paid, there are very bleak chances to claim tenancy rights.

As per law, if the landlord initiates steps for eviction, your father in law cannot do anything about it because there is no evidence in his side except that he had been living there.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

we have paid by cash, and no reciept takent for 1 lakh rs

It means you do not have any evidence even for the cash paid.

You may be fighting a losing battle if you are going to pursue the issue.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

On the basis of other residential proofs namely ration card, electricity consumption bills, water tax receipts, aadhar card etc, you may put up a fight to claim tenancy and injunction against the landlord from forcibly evicting you other than due process of law.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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