• Pagdi system - Landlord not giving permission to provide basic amenities to new buyer.

We approached the landlord as there is a new buyer we had fetched,initially the landlord agreed to the offer and asked us to sort out things at our end i.e. POA & NOC and the final agreeable sale amount.The landlord doesn't allow permission for basic amenities such as loft for water tank storage, water connection and drainage facility. As the wife is acting as a POA on behalf of her husband, she thinks that she is a lady and will do things as per her wants. If the landlord isn't providing any permissions for these basic amenities than how could we sell the shop? Secondly is there any law of giving 100 months rent to landlord and can then we go for ownership rights? Considering the fact that there are around 5 or 6 lawsuits going on between other tenants and landlord, how can the tenants of such property approach the authorities for redevelopment plans and get entire land under the RERA purview. The landlord isn't agreeing for redevelopment plans as well. Kindly help!
Asked 4 years ago in Property Law
Religion: Muslim

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9 Answers

Hi,

There is no system of giving 100 month rent to landlord. Rather you may agree for long term rent of three years or so.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. No there is no law of giving 100 months rent to landlord and then go for ownership rights.

You can not force the landlord inn lieu of any offer, if he is not willing to sell his land then it is his discretion.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Water is basic necessity

Landlord can not deny you NOC for water connection for shop

3) you cannot insist that landlord give you permission for erection of loft

4) sell the shop

5) tenants of the dilapidated buildings have power to redevelop or repair their tenaments, if the landlord, builder or the civic body has delayed it for more than a year.

6) section 499 (2) of BMC act let tenants opt for redevelopment. The tenants have been given repair rights for old buildings under section 499 (1).

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. In PAGDI systems the property is owned absolutely by the Land-Lord AND the Tenants have only residing rights and CANNOT claim any redevelopment procedures or RERA procedures on the Land-Lord's land, in any way, whatsoever and whensoever.

2. HOWEVER, IF all the tenants can form a Association /Society, THEN some leverage can be created, by following due procedure of law.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. if its a shop then it is not incumbent on the landlord to give NOC for loft for storing water tank or for drainange

2. however you can write to the BMC under the relevant provisions against the landlord for allowing refusal of waste from his building as he is not permitting to have proper drainage facility. BMC acts on such complaints

3. if you want to sell the shop then you need landlord NOC for which he will ask transfer fees. That you have to negotiate with the landlord

4. there is no such law of giving 100 months rent to landlord and becoming absolute owner of tenanted premises

5. however the landlord is at liberty to accept the market value of the shop from the tenant and give him ownership rights

6. the tenants cannot compel the landlord to submit his property for redevelopment

7. that is the sole prerogative of the landlord only

8. however if the building is dilapidated then the competent authority like MHADA and BMC will require the building to be vacated, demolished and then reconstructed

9. even if the building is taken up for redevelopment it will not come under the ambit of RERA.

10. Rera law is only for those allottees who pay consideration to builder. In your case you will be getting new flats on ownership basis free of cost

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

In the State of Maharashtra where there is law to protect the slum dwellers/ encroaches. Where there is law to protect tenants of cessed and or dilapidated building in island city there is no policy or governing body for protection to the tenants/occupants of dilapidated or demolished buildings in suburbs and extended suburbs of Mumbai city.

Possession under lease or license agreement is generally not considered as adverse possession, and tenant cannot claim an ownership right over the property. Thus pagdi system do not authorise the tenants to become owners though practically the situation is different.

Irrespective of the fact that the tenant had been living here for a “N”number of years he cannot claim to be an owner.

The landlord cannot disconnect the basic amenities like water supply or electricity supply, you can drag him to court of law for restoring the same.

For selling under pagdi system, you may need the cooperation of the landlord without which you will not be able to sell the same.

You amy bargain the settlement amount and settled the negotiated amount to avoid further complications.

If the building is in good condition, you cannot force the landlord for redevelopment program.

RERA has got nothing to do with forcing the landlord for redevelopment.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Obtain permission from landlord for installation of loft

2) you need NOC from landlord to sell the shop

3) buyer would insist on landlord consent before purchase of your shop

4) if you sell shop landlord would file eviction suit against you

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. If bmc plans reflect a loft then you can make a new one. If she complains to bmc that you are doing unauthorised construction then you can deny by saying that you are only doing tenantable repairs which are permissible and for which no permission is needed of landlord or bmc

2. You cannot compel the landlord to submit her property for redevelopment. However all tenants can form a society and then make an application to the MHADA with a proposal to acquire the land by state government for reconstructing a new building. It will be upto Mhada or state govt to allow your application

3. You can sell your shop directly to a buyer on as is where is basis. The buyer can then approach landlord to have tenancy transferred to his name at his costs. The buyer may also face eviction suit by landlord. In that suit even you will be made a party.

4. You can surrender your tenancy to landlord against receipt of market value of shop minus her transfer fee. If she is not willing to pay you then sell the shop without her consent. You can give a power of attorney to your buyer to fight any court case on your behalf at his costs

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. The landlord has to permit you to make structural changes, otherwise he may find a reason to evict you that you are altering the structure, even though it might have existed then but you may have to drag him into a stretched litigation on this, the present purpose will not be solved.

2. All the tenants have to join hand together to give a representation to the authorities i.e., BMC about the dilapidated conditions of the building and age of the building with a request to order for demolition and redevelopment, i.e., you have to step into the shoes of the landlord for seeking redevelopment.

3. It depends on the buyer to accept this deal while he opts for purchasing the pagdi system property, the legal hassle will fall on the shoulders of the buyer.

4. Basically you are a tenant, so what ever you may say will not be acceptable in law because the landlord has an edge over you, he may deny all those things because you have no rights over it, he will simply ask you to vacate because he cannot provide all those facilities you may demand.

You may handle the issue as smoothly as possible.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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