• Pagadi house

We have a house which is on Pagadi in South Mumbai. It was on name of my Mother, she passed away in 2013. We haven't paid the rent to landlord since then. In this scenario does the property is transferred to my father as he was joint owner with mother. So can our landlord claim the house as we haven't paid the rent for last five years?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Pay the rent arrears before landlord takes any eviction proceedings

On demise of mother your father , you and siblings staying in said rented flat woukd be deemed tenants

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir based on the fact that you have not paid rent the owner can file an eviction suit to evict you from the property, further to avoid same pay the past rent arrears and ask for transfer of rent receipts in name of father and all brother and sister living there they shall be deemed tenants,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your parents are joint tenants of flat

Your mother being a co-tenant, after her demise, her tenancy rights would devolve on the family members who were living with her at the time of her demise in the tenanted flat

If there were no such family members so living with her then her tenancy right would devolve on her legal heirs who are husband and children

So the children can give their noc to landlord to transfer rent receipt to sole name of father

You should not have stopped payment of rent. That is your statutory liability

Landlord can initiate eviction proceedings against you for non payment of rent

So its advisable to immediately pay all arrears of rent

If landlord does not accept it then pay rent through money order

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Firslty, get the exact meaning of pagdi in detail:- Bombay has something called the 'Old Rent Act' prevalent since the 2nd World War. Under this rents are frozen and the landlord cannot evict a tenant without going through a long and cumbersome legal process. Also, wonder of wonders, tenancy is inheritable!

Pagdi system room is like ownership kind of property deal, we can say Semi-ownership room.

in terms of legal language, there is nothing called Pagdi in transfer of property act. this is absolutely local system vide which the person (Landlord , the first owner) in possession of any immovable property gets certain agreed amount prior to transferring the possession of that property in favour of transferee (second owner).

Second owner can sell this (Pagdi system) property at his cost.

Such transferee (second owner) if wants to further transfer (or sell) in the name of some other person (after selling the new person become a second owner) then he also demands increased amount in the name of Pagdi.

most of the time old possessors of such properties if return the property to landlord even then they charge amount from him called pagdi.

As already told this system has no value before eyes of law. It is an informal deposit system and honored by most of the parties. But the convention is that when the same is transferred to some other person on pagdi basis, the profit is shared 50:50 between the land lord and the pagdi tenant.

Example:

Landlord Owner Mr. XYZ is selling his building’s room at cost of Rs.5,00,000.

now second owner Mr. ABC buy at Rs.5,00,000.

Two years later, second owner (pagdi tenant, Mr. ABC) have sold at Rs.9,00,000.

it means Mr. ABC’s profit is Rs.4,00,000

Profit will shared in among of landlord and pagdi tenant. i.e. Rs.2,00,000 for landlord and second owner.

Secondly, though you have not been rent to the landlord, but that can’t be the ground for your eviction.

Thirdly, yes, as it is the system which can be inherited then it means that you can very well get it transferred on someone else’s name in your family.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The tenancy under tenancy system is transferable and heritable.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

Yes the landlord can claim the house in case you have not paid the rent.

Your father will become the tenant after the expiry of your mother.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

To transfer it on your father's name all other legal heirs including you needs to relinquish their right on the property.

Landlord can claim it but it depends upon how much years you have the possession of that house.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Client,

Non payment of rent comes under default and violation of rent terms.

Ownership dose not transfer after death of tenant but continuation of pagadi in legal heirs.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. In PAGDI system properties you will always remain a TENANT and the Land-Lord will always hold non-transferable absolute Title-Ownership rights over his property.

2. For non-payment of Rent, the Land Lord can initiate proceedings to evict you. Hence Clear off his dues (atleast partially, as much as possible). The Land Lord would now have to issue receipt in name of Father. Meanwhile request the Land-Lord to replace deceased mothers name with Son /Daughters /other legal heirs name.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The landlord may claim the proeprty on the basis of default in rental payment.

The Section 56 of the Rent Control Act, 1999 legalised the pagdi system when it said that the tenant or any person acting or purporting to act on behalf of the tenant to claim or receive any sum or any consideration, as a condition of the relinquishment, transfer or assignment of his tenancy of any premises. The landlord or any person acting or purporting to act on behalf of the landlord could receive any fine, premium or other like sum or deposit or any consideration (refers to pagdi) in respect of the grant, or renewal of a lease of any premises, or for giving his consent to the transfer of a lease to any other person. The pagdi-kiraydar system assured the tenant that despite price inflation or other fluctuations, the rent they pay would be nominal.

If the landlord refuses to accept the rent then you may find an alternate method to pay the same.

You can file an application to the rent controller for depositing the said rent in his office. If landlord will take action against you it will be evidence from your side and case shall be in your favour also do not worry

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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