You have structural engineer report that building is in sound condition
2) you have carried out essential repairs to the building
3) in the event of nay redevelopment your consent is necessary
4) you would be provided flats on ownership basis
Santacruz East H/E Ward Pagdhi System building old dilapitated declared as C1 by BMC
Our compound has two buildings 1) Gr.+ one storey load bearing bldg constructed in year1913 and having currently total 11 tenants (4 rooms are purchased in resale by so called fake owner and 7 legitimate tenants) 2) building Gr.+ 2 storey RCC bldg constructed in 1955 having currently 18 tenants. The same bldg compound also have two garage + 2 small rooms below staircase but without any rent receipt. (Total Plot Area is 10000sft Or 998 SQM ) Our Old land lady died in 2002, the fake landlord who bought one of the room from land lady in 1998, now claiming that he is the landlord and send to all tenants in 2008 the legal notice and asked us to send rent to him. we all tenants send replying asking for proof of his landlordship as Old land lady who died in 2002 never informed us about such deal in 1998. Since 2013 we started getting BMC notice under section 354 and submitted structural stability report however Fake landlord proved and passed RCC bldg under C1 category and stopped electricity and water. We approached High Court and got the stay with undertaking by all tenants that we are living in these building on our own risk. As we have given undertaking to BMC and taken the Risk of our own insurance we some how collected repair maintenance cost from some of the tenants who have some commonsense and repaired the building. However still we the 33 tenants are living under fear whenever Heavy rains starts. Since last more than 5 yrs we are living pathetic life. The fake Landlord who has 4 rooms he has given one room on coomercial subtenants and earning 30k to 32 k per month rent. Other 3 rooms he is using for his workers as he has his marble showroom and hardware business. He is not maintaining these three rooms and many a time water and sewage water leak in room below, these tenants are spending from their own pockets and doing heavy repair as they have no option. Through Various RTI reply we gathered the Info that This land belongs to Originally of Owner Mr. Jamentram, Then Cake taker Maniben Who sold to Motilal & lastly to our Old Land Lady Shashivadani Motilal. But In 2014 RTI we got the reply that Property Card also have name of this Fake Landlord and Assessment Receipt of Property Tax is also display his name. We all tenants sent the rent DD cheque also to this fake landlord however he did not took the courier and returned back to us. Approached various Ministry and lasting Mayor - Mumbai also. All are giving assurance to wait. We are poor citizen of India most of these 33 tanants are very Old and passed more than 10 years of his/her senior citizen tag. Only few are from age group of 40-55 hardly 4 tenants. I request with my folded hand to this expert panel to guide with their knowledge what should be our next corrective action plan so that we are rest assured that we can not be again made out of our house by giving BMC notices. We know time is important and no one would like to give free advice Still with Faith and hope we await humanity.
Asked 5 years ago in Property Law
Religion: Hindu
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7 Answers
sir thanks for reply. But the tactic of fake landlord is since 1998 he is transferring all documents pertaining to this building in his name. He is not bothered to repair this old bldg and using his money to make his legal hold as landlord. He is just waiting let all this generation who is living in these bldg complete their life cycle on this earth and then he will have less issue to settle the case. Please advise can we all tenants approach any builder and give our consent for redevelopment. Also please advise what our the legal documents to prove ownership of land we will try to get through RTI all these papers to prove that this fake landlord has after 1998 till now not even transferred his legality to all level. he is waiting for the right time when officer of his wavelength comes on chair he use that opportunity to transfer his name in that department.
Asked 5 years ago
under section 14 of Maharashtra rent control act it is duty of landlord to keep the premises in good and tenantable repair
2) if landlord neglects to carry out repairs tenant can issue 15 days notice to landlord and on his failure tenant can carry out the repairs and deduct the expenses from rent payable . the amount deducted should not exceed one fourth of rent payable .
3) you do not need landlord permission to carry out tenant able repairs
4) Tenantable repairs as defined by section 342 of the MMCA, includes providing guniting to wall structures, plastering, painting, flooring, repairing of the bath, WC and wash places and replacing electrical fittings and several items
5) on demise of tenants their legal heirs staying in said flat would be deemed tenants
Sir Ji Also please advise what our the legal documents to prove ownership of land we will try to get through RTI all these papers to prove that this fake landlord has after 1998 till now not even transferred his legality to all level. he is waiting for the right time when officer of his wavelength comes on chair he use that opportunity to transfer his name in that department.
Asked 5 years ago
If building is beyond repairs then it makes sense that all or majority tenants make an application to MHADA to acquire land and building
Mhada in turn will make an application to state government
Government if accepts the proposal, can acquire the land and pay compensation to landlord
Mhada can then tie up with some builder for redevelopment of building and for allotment of new flats to tenants
But Mhada is corrupt
So it is better that tenants approach a good reputed builder who can either buy the property from landlord or enter into joint venture with landlord for redevelopment of building
The builder has to take noc from Mhada which will monitor the redevelopment all through
With the amount of rent which such old pagri rooms fetch, dont expect that the landlord will do any repairs. It is just not economically viable
Also the transfer or title documents by which your landlord claims to have purchased the property from former landlady has to be studied to ensure that he holds a valid legal title to the property
Another option will be to surrender tenancy to landlord and take compensation money and leave the building and invest money in another property
Or if landlord is not agreeing to do tenancy transfer then find someone who can buy your rooms on as is where is basis at his own risk and you can take money and exit
Take 30years title search in sub registrar office
2) whether any registered sale deed executed by old landlady in favour of present landlord of the buildings
3) file RTI application as to on what basis landlord name has been mutated in property card
On the basis of the proof of tenancy and in the given conditions, you have to gather all the tenants of like minded for requesting for redevelopment
In the city, a large number of people have been living in old buildings as tenants under the pagdi system for decades. It means the landlord is the owner of the property, but possession of the property lies with tenants. These properties are covered under the Rent Control Act and are having minimal rents.
As they were not getting higher rents, the landlords didn’t bother to maintain these buildings or allow tenants to redevelop them. This tussle between landlord-tenants results in structures remaining in bad shape and forcing tenants to live in dilapidated structure risking their lives.
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.
Please advise can we all tenants approach any builder and give our consent for redevelopment.
Under the current RERA rules, tenants of these buildings are considered as copromoters of the project given that they are expected to get part of the project as compensation for their rights. So, they don’t enjoy the same rights as other home buyers.
According to a MahaRERA official, a realty developer usually redevelops the entire project in phases and keeps the rehabilitation part and free-sale component separate. This allows them to not register the project with the regulator as it is seen as compensation and not a sale, which falls under the RERA purview.
“Even in the current system, tenants can get the RERAprotection needed if they ask the developer to register the project in entirety than in putting it under phases,
Also please advise what our the legal documents to prove ownership of land we will try to get through RTI all these papers to prove that this fake landlord has after 1998 till now not even transferred his legality to all level. he is waiting for the right time when officer of his wavelength comes on chair he use that opportunity to transfer his name in that department.
You can prove your tenancy on the basis of the documentary evidences you possess.
If need be you may fight it out in the court of law also.