It is the practice that 33 percent is paid when we take the tenancy property from the landlord. It is paid to the landlord other wise he will not transfer the tenancy right in your name.
Chawl Room Pagadi basis
I have purchase a room in chawl dated 2014 on pagadi basis. Owner of that chawl was passed away in year 2009. After 10 years now the relatives (legel heirs) of said owner has came back and asking me for transfer charges (about 33% for pagadi room). As per my information any pagadi room settlement to be done by the person who sold that room. But now owner is forcing me to pay & teh person from whom i have purchase the room is not ready to pay the settelment charges to owner. The current owners have included there names on 7/12 and property assessment card in 2017. if i dont pay 33% amount to owner he is saying he can cancel the tenancy rites of the person from whom i have purchase the room. What would be possible solution for the same. I have notarized sale deed agreement and power of attorney from the person. In such case what would be possible solution.
Asked 6 years ago in Property Law
Religion: Hindu
6 Answers
Notarised sale deed does not confer title to property
2) registered sale deed has to be executed to confer clear and marketable title to property
3) kindly clarify whether POA is registered or not
4) necessary to peruse documents cited by you for you to advice further
If original landlord has died and his legal heirs are claiming transfer charges, then first ask them to obtain letters of administration from court
If in your agreement with seller, he had agreed to pay the transfer charges to landlord and is now refusing to pay it, you will have to file a suit against him for breach of contract and for enforcement of his obligations under the agreement
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues.
You dont get frightened by the threats posed by the so called owners stating that they will cancel the tenancy, they cannot do so, you can gt an injunction against their proposed threatening activities.
In the meantime you can contact the seller and ask him to settle the matter or else you would initiate legal action against him through police for cheating offences.
Dear Sir,
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.
