1) landlord can charge you for car parking
2) he can oppose your car parking
3) if there is sufficient car parking slots available you should be allowed car parking slots on payment of car parking charges
Car Parking under Paghadi System
I am a tenant under the pagdi system in Mumbai. Our old Landlord has expired and now their Legal Heirs (LH) are creating nuisance for car parking. Old landlord had never charged for car parking nor did they opposed to we parking car. LH has refused us permission to park our car in the compound premises (It’s a common pathway for us which we are using since 1930s). We used to park our cars in the said premises before this new LH came in picture (more this land is on 99 years lease which has expired and has not been renewed). We don't have any permission about parking in writing from our old Landlord since we are staying here since 1930s (mine is 3rd generation) but we use to park our cars and our old Landlord never opposed us. The LH had verbally told us serval times to remove the car from premises to which we have not given much importance. I was born here, my grandfather use to stay here now me and my father stays here. We have even told him that we are ready to pay parking fee, taxes if any, and ready to co-operate to him in any way which will benefits both. According to him it is as per his discretion to award parking to tenants, Is this Legally correct? 1. Does he have right to firstly charge for car parking 2. Does LH Have any right to oppose us from parking our car 3. What are repercussion if we continue to park car in premises instead of reminder from LH to remove our vehicle 4. What are right of tenants
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Pagdi system is alike any other renting system that is prevalent across the world. ..
This tenant continues to pay rent to the owner as long as he is not sub-renting the premises.
Additionally, the tenant has the option to sell the said property while giving a percentage of the gross amount to the owner, under this system the tenant is the part owner of the house and the rights of the land where the house is located belongs to the landlord.
The government is planning to bring tenanted or cessed buildings and tenants of such buildings under the Real Estate (Regulation & Development) Act, 2016 (RERA),providing for the first time the same protection to these consumers as those available to other home buyers.
Now the legal heirs of the deceased landlord are troubling you to not to park the vehicle in the space where you have been doing it all these years, you can issue a legal notice to them to not obstruct your parking and if at all they have any grievance to this, let them approach court for a suitable order in this regard by due process of law, in the meantime you can also obtain an order of injunction agaisnt them for interfering and obstructing your parking space which you had been using it for decades together.
The first action to be taken in this regard is o issue a legal notice to them and then approach court with a suit for permanent injunction against them in this regard.
1. IF you are bonafide Tenants of the Pagadi system property, THEN the LH of Land-Lords, do NOT have any legal option to refuse you to park your vehicles in the property compound.
2. At the most the LH, amicably & mutually with the Tenants, can decide to levy some parking charges. Legally the Tenants are safe for parking inside the compound.
1. If your lease doesn't include a parking space or guarantee parking or guarantee a particular space, the landlord can take away the space , or also can charge for the same from you.
2. After the death of old landlord , his legal heirs have right to change the lease deed or to execute a new lease deed.
- However, as you are using the space since long period without any charge , hence on the ground of long period you can approach the court for restraining the LRS , not to obstruct you .
3. Without getting an order from the court , the landlord cannot harm you for the same.
4. As per Supreme Court , a car parking space allotted to the owner, can be used by the tenant, as he has full rights over it.
The tenancy right is only restricted to the tenanted premises
It does not cover premises which do not form part of tenanted premises
The car park space comes in common areas
It is the property of the landlord
He can allot it to any person of his choice
The tenant as of right cannot require the landlord to allot the car park space to him only
There is a difference between society premised and pagdi building premises
The landlord can however not obstruct the egress and ingress from or to the tenanted premises
The common areas can be used by tenant only as an easement
No tenant can claim exclusive right over a particular car park space and compel landlord to allot him that space against parking charges
The landlord can at his discretion let the parking space on leave and license basis to any person of his choice
Long and continued use of such space does not matter
At the highest you will be considered gratuitous licensee of the car park space
Since the landlord has terminated that license you cannot insist that you continue using the space to park your car
1) Yes has right, it is his discretion.
2) Yes he can oppose.
3) If the same is not disturbing any one, more particularly if ample space is there fore car parking, you request him in writing to allow you for parking and offer to pay charges.
4) If space constraint is there you should listen to his instructions.
If ample space is there, talk to him and get it settled amicably by offering charges.
Avoid him. Use of parking is inherent with tenancy which is confirm by 90 years of use. No need to pay anything. Change of landlord dose not change the terms of tenancy. No repercussion.
Automobiles shall be parked only in such spaces which the Landlord may designate from time to time and the Landlord shall have the right to reassign such parking spaces from time to time as the Landlord, in its sole discretion, may determine.
It is his discretion as per landowners to give you parking but he can't refuse you being tenants to park the vehicles If you are ready to pay the charges
He doesn't have legally any right to not allow you parking being tenants without a valid reason.
If he removes your vehicle you can approach court seeking injunction
1. Legal heir of land lord cannot charge separately for car parking.
2. LH legally cannot oppose you for parking car in the premises but if you are ready for paying fees for car parking then
3. If you are parking the car from last 90 years then he cannot even charge you for parking the car in compound of the building.
1. Legal heir of land lord cannot charge separately for car parking.
2. LH legally cannot oppose you for parking car in the premises but if you are ready for paying fees for car parking then
3. If you are parking the car from last 90 years then he cannot even charge you for parking the car in compound of the building.
