• Redevelopment of pagadi place

I bought a 525 sq ft (Carpet) flat in pagadi system in 1993 in Mumbai. I had paid full amount and bought it and residing in it since 1993. Now the landlord/developer of above mentioned place is has intiated redevelopment procedure. In this procedure he has asked us to sign a rather ambiguous consent letter stating inaccurate and wrong terms. There has been no formal proposal on paper been presented by him. He has asked us to give consent to redevelopment on the basis of few ideas that he has verbally shared. To which we denied and asked for a proper formal proposal letter. Now he has started indirectly pressurizing us by saying that he'll put a case on us as we're not cooperating with him, or other tenants will testify that we don't live here and are illegally staying here and by doing this they'll get us evicted. He has stopped accepting the rent since 6 month now. We have sent rent via register A.D., several money orders and now are planning to deposit money directly to his bank account. 

Please guide on the following: 
1) can we get evicted from my house if others testify that we don't live here? ( We have various official live proofs like bills etc) 

2) How can we sign a consent letter without knowing what are giving consent for? Verbal commitments can be changed anytime. 

3) Depositing the rent directly to his bank account would make us faulty?

4) He's demanding construction cost, parking charges (8 lacs) and so on. He's asking us to pay heavy amounts on different grounds. 

5) he's told us that if we can't afford to pay for it then he'll let us live in the building post redevelopment only in pagadi system

6) 7 out 10 tenants have given consent, will there be any consequences cause of the disadvantage of being under minority? Can they proceed with majority?


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Asked 6 months ago in Property Law
Religion: Other

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16 Answers

He is not accepting rent, no harm to you. Send him legal notice to provide you account detail so that rent can be directly deposit in his account If he do not provide, stop paying rent, you will not be at default.

Also mention in the notice about redevelopment and his failure to provide precise plan and conditions of redevelopment in writing.

I bought a 525 sq ft (Carpet) flat - ??? than wheres is the question of rent come when you already purchased it. You must be having registered deed ?

No eviction. Whoever will testify false in court will be prosecuted for perjury. You are in long possession, this can easily be prove.

Don`t go with oral commitment, bogus.

No fault. pay or not pay if he do not accept. Just send him noitce. And don`t pay him anything for redevelopment, and never in cash until proper receipt given.

5 - Don`t agree.
6 - No disadvantage, all have their own priority.

Yogendra Singh Rajawat
Advocate, Jaipur
19394 Answers
25 Consultations

4.5 on 5.0

1) you would not be evicted if you have proof of staying in premises 

 

2) you need written  commitments from landlord 

 

3) you can deposit rent amount in court if he is not accepting rentals 

 

4) you are entitled to flat on ownership basis on redevelopment 

 

5) if majority of tenants have given consent landlord can proceed with redevelopment 

Ajay Sethi
Advocate, Mumbai
75889 Answers
4536 Consultations

5.0 on 5.0

The builder has to give proper offer in writing and than sign MOU between both should made later redevelopment agreement and that too registered with registrar. 

 

In the individual MOU separate terms and conditions can be made how individual will be getting their share after development etc.

 

In redevelopment agreement is made between builder vs rest of  tenant  and owner of the pagadi flats.

 

If he is tortureing to sign letter and vacate the flat. Don't vacate unless n until he sign MoU and Development agreement. Plus RERA permission for constructing building.

Ganesh Kadam
Advocate, Pune
10162 Answers
91 Consultations

4.9 on 5.0

The eviction will only take place after a full drawn trial which will consider many aspects. Only on their testifying it can't be done

Prashant Nayak
Advocate, Mumbai
19717 Answers
36 Consultations

4.4 on 5.0

1. landlord cannot evict you like this. He has to file an eviction suit. You can always lead evidence in such a suit that you have been living in the tenanted premises

2. yes you are entitled to know for what you are giving your consent. It has to be transparent. The landlord has to register a proper permanent accommodation agreement with you. He also needs to comply with the procedure given in s.16(6) of the rent control act. Without a proper registered PAAA in your favour, he will not be issued commencement certificate by the BMC for construction of the proposed building

3. no. in fact that shows your bonafides that you are paying the rent promptly

4. all these demands are illegal

5. he is not entitled to claim all such costs from you. He has to allot the new flat to you on ownership basis on the same terms as he has allotted to all tenants. There cannot be any discrimination between tenants

6. just because majority have given consent, your case does not become weak. You are entitled to know the description of the new flat that will be allotted to you in the new building. The landlord has to show the sanctioned plans in which the new flat is earmarked for you. You are also entitled to rent during the construction period from the landlord

 

It is not appropriate for a lawyer to call a client. If the client is seeking legal help then he has to approach the lawyer. You can book a paid phone consultation on kanoon and speak to the lawyer of your choice for discussion on your matter. It is a 30 min consultation. Would you expect a doctor to call you for your ailment?

Yusuf Rampurawala
Advocate, Mumbai
5215 Answers
33 Consultations

5.0 on 5.0

1. IF you are in possession of the property since 1993 and have the relevant documentary evidences to prove the same, THEN irrespective of anything, you cannot be evicted /removed on any grounds, further more so since you can easily prove that you are in "adverse possession" of the property.

2. You can file a Civil Court suit for declaration and orders, restraining the Landlord for his activities and his redevelopment proposals. Once this is done, Landlord will automatically come down for amicable settlement.

Hemant Agarwal
Advocate, Mumbai
4686 Answers
23 Consultations

5.0 on 5.0

Rent receipts are very good evidence for your property that you have on tenancy basis.
You may also move to the competent court under Maharashtra rent control act.

Your landlord is trying to build a Base for himself to file an eviction suit against you on the ground that you have stopped paying rent to him and may allege many other false grounds for eviction against you. You can deposit the same in the court by making an application to do so.

Mohammed Mujeeb
Advocate, Hyderabad
16538 Answers
11 Consultations

4.5 on 5.0

1. If you have substantial documentary evidence to prove the landlord-tenant relationship under pagdi system, then he may not be able to evict you .

2. Don't sign anything without knowing your rights and the benefits that are given to you by this redevelopment program.

3. If he is not furnishing the bank account details then you can take permission from court to deposit the same in the court 

4. Do not accede to his demands without knowing the actual facilities or rules on this.

5. He cannot do so especially when the building is going for redevelopment.

6. They can proceed with the majority.

The new development control and promotion regulations (DCPR) encourage redevelopment of pagdi system buildings by offering attractive incentives to landlords on basis of the total area required to rehabilitate the existing occupants. After redevelopment, the tenants become flat owners.

Pagdi tenants living in non-cessed buildings before June 13, 1996, whenever their building is redeveloped, according to new guidelines introduced by the BMC. Also, if  the tenant has transferred the flat in the name of of another person after completing the required legal formalities, the new occupant will have equal rights and will be eligible  to get accommodation after redevelopment.

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T Kalaiselvan
Advocate, Vellore
65860 Answers
860 Consultations

5.0 on 5.0

Tenancy rights cannot be bequeathed by will 

 

2) you cannot be owner by paying 100 months rent . The said formula has been challenged and pending in courts 

 

3) fees for sending legal notice vary

 

4) you can opt for feature sending notice . Check fees of lawyers on website 

Ajay Sethi
Advocate, Mumbai
75889 Answers
4536 Consultations

5.0 on 5.0

1. The allotment  of carpet area in redevelopment will depend on the area your premise went on redevelopment. 

2. Yes you can write a Will. 

3. No such provision in law. 

T Kalaiselvan
Advocate, Vellore
65860 Answers
860 Consultations

5.0 on 5.0

Firstly, as you have purchased the property you will not be evicted from the same, in order to support your contention you can produce documents viz., Aadhar Card, Passport etc., showing as proof of your stay there.

Obtain written confirmation from him.

You can deposit rent in to court if he is not accepting the same.

If majority of the occupants agree for his proposal and signed the document, he will proceed.

However, you are entitled to possession on ownership basis after the project's completion by him.

 

S Srinivasa Prasad
Advocate, Hyderabad
2331 Answers
7 Consultations

5.0 on 5.0

It depends on the FSI you have in the said premises. There is no hard and fast rule. The present fsi is till 3 also depending on premises and scheme. 

Prashant Nayak
Advocate, Mumbai
19717 Answers
36 Consultations

4.4 on 5.0

1. No it will not be easy to get eviction orders on testimony of other tenants. 

2. While signing the consent letter you can write his verbal commitments on the letter. And then get signatured of landlord or developer and keep copy of that document.

3. No, you can legally deposit rent in account of landlord if he refuse to collect the rent. 

4. Cost depends on negotiations between parties.

5. Yes they can proceed if they get consent from 80% tenants For redevelopment.

 

Mohit Kapoor
Advocate, Rohtak
8721 Answers
3 Consultations

5.0 on 5.0

To know about the prevalent FSI and the fungible FSI in the preferred area, you needs to visit the official website of the State government.

Yes you can make a will.

no such provision.

Mohammed Mujeeb
Advocate, Hyderabad
16538 Answers
11 Consultations

4.5 on 5.0

1. 35% for residential 

2. Will cannot be made for tenanted premises. However for the new flat which will be allotted on ownership basis, you can make a Will. Also in the permanent accommodation agreement you can give your daughter's name as nominee to enable landlord to give possession to her in case of your demise

3. Yes there is. But for that you have to apply to MHADA if the building is a ceased structure 

 

My professional fee for issuing legal notice is Rs. 5000/-

Yusuf Rampurawala
Advocate, Mumbai
5215 Answers
33 Consultations

5.0 on 5.0

Execute WILL in her favor and also nominate daughter as nominee.

Ownership by executing sale deed only- sale and purchase. 

1100/-

 

Yogendra Singh Rajawat
Advocate, Jaipur
19394 Answers
25 Consultations

4.5 on 5.0

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