• Would like ask some questions with regards to 2 diff shops, 1 is Pagdi and 2nd is ownership.

Shop no 1 : We have a commercial shop in south Mumbai which is a pagdi shop, as per my understanding and as per law as well we are 2/3rd owners but majority of the rights are still with the landlord as per the law. Off lately there has been many complaints against the landlords and specifically for such landlord complaints a standing committee has been formed to deal with such matters. I would like to ask what is the purpose of such standing committees, is there any law or bill going to be passed that all the rights in the pagdi system will be given to tenants and not to the landlords? If this law would be introduced how much time do tenants have to wait for such acts to be passed?
Shop no 2 : This is a ownership show and being occupied illegally by some party, the case is going in small causes court and recently BMC had sent a notice to the illegal tenants stating that road cutting procedures will happen soon and a place will be allotted soon as the procedures start. In the court we are plaintiff and the defendants has paid us the nominal rent through court for the last 20 odd years after filling legal complaint against them, so this proves they are not the owners and they are just tenants. So in this case, the BMC asst commissioner says that nothing can be decided now and only after judgement the legal owners will be decided. But I need to ask that in court the defendants have agreed that they are tenants and suppose in future the allotment done by BMC due to road cutting procedure would go to the tenants or the legal owners as the case is still pending?
Asked 6 years ago in Property Law
Religion: Muslim

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8 Answers

In Maharashtra, tenancy rights are regulated under the Maharashtra Rent Control Act, 1999, which repealed the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947.

 

2) there is no amendment being made to mahrashtra rent act at present 

 

3) Affected occupants/tenants shall be given alternate accommodations in the form of
P.A.P. tenements/ galas.

 

4)On request of eligible occupant, AC Ward after obtaining sanction of competent
authority may issue the certificate about carpet area occupied by the eligible occupant and
may be shifted on temporary basis so as to protect his tenancy right while redevelopment of
the said property at occupant risk and cost. Agreement to that effect with the MCGM, owner
of plot and occupant shall be executed in consultation with legal department.

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

It will go to legal owners.  However the case been pending they are still not proved legal tenants

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Shop no. 1 - for properties controlled by rent control legislation, no such standing committees are recognized. If the tenants have any grievances against that landlord, they can approach Small causes court or the BMC or MHADA If building is under Mhada. The other portion of your query is not possible to answer since no lawyer can predict about any such law and when or if at all it would be passed. It's too far fetched to expect this from any lawyer

 

Shop no. 2 - the BMC commissioner is wrong. The dispute in small causes court is between landlord and tenant and not between rival parties claiming ownership rights. So he has to pay compensation for the road cutting to the owner who reflects in BMC records and who holds a valid registered title document in his name

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

In pagdi system also the owner remains a owner and tenant once and shall remain tenant forever, until the property goes for redevelopment.

There is no such law passed or there is a proposal to pass any such laws by the government as mentioned by you, yet.

 

 

 

As far as own shop is concerned even though the tenant as accepted to be a tenant, the corporation authorities cannot take any action in it before the case is disposed by court of law.

You may wait for the court's verdict on this for moving further in this regard.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1. if you think the rent is excessive then nothing stops you from filing an application for fixation of standard rent in the small causes court 

2.you can also directly deposit the rent in court or continue by sending money orders to landlord. If he refuses the money orders, then you are not at fault

3. also nothing stops you from selling the premises to your buyer on as is where is basis. If the buyer is so powerful then he will settle the landlord using his machinery. However the landlord may file an eviction suit against you and your sublettee in case your buyer fails to settle him 

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

you must make payment of rent to landlord 

 

2) send  cheque  by post with covering letter 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You need to pay the rent or occupy the house as per Maharashtra rent control Act it's the law

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Pagdi law is not in favor of the landlords alone.

You have to utilise the circumstances in your favor.

The landlord cannot dictate terms if you sell this property to a third person, he needs only the 33% of sale consideration amount for transferring the tenancy rights to the new tenant.

You have to be bit bold enough to tackle this situation.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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