• Purchased Pagadi system house in Mumbai

Hello Sirs/Madam,

I have just purchased a pagadi system house in mumbai. Now I have to transfer the rent receipt in my name but the problem is, the house was sold in 1985 by Mr X (who was having his name on the rent receipt) to Mr Y and Mr Y sold the house to Mr Z and Mr Z sold the house to Mr W and Mr W has sold the house to me. But none of them did not transfer the receipt in their name and did not pay the rent since 1985. 

Now please guide me what is the procedure to transfer the rent receipt in my name.

Thanks,
Dinesh
Asked 3 years ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) have you entered into tenancy agreement with the landlord ? 

2) in Maharashtra  rent agreements have to be compulsorily registered 

3) landlord will issue rent receipts in your name

4) I presume earlier tenant surrendered his tenancy to landlord 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

The rent receipt on your name will be valid document for your occupation in the pagdi system house as a tenant unless, the owner if intends to evict you from the property/premise you cannot have any defence.  You may have to go by the court order because there is no protection in law for purchasing the pagdi system house, the purchaser will still be treated as a tenant only, and in the absence of any valid rental agreement or rental receipt he may be treated as an illegal occupant and likely to be evicted by due process of law. Therefore it is pertinent to take the previous tenant to the owner/landlord, talk to him and arrive at an amicable situation so that you obtain the tenancy rights directly instead of transferring from one to another, if the landlord discreet, you may get the tenancy status straightaway and will get the receipts issued on you name. There is no legal solution for this. 
T Kalaiselvan
Advocate, Vellore
35867 Answers
390 Consultations

5.0 on 5.0

1. You have taken up a house on rent after paying pagdi,

2. You have not purchased it,

3. The house was given on rent to Mr. Y by Mr.X (not sold),

4. If no consent was taken from the actual owner of the house being r.X, he may not agree for induction of new tenants and issue rent receipts i their names,

5. Talk to Mr.X  requesting him to issue rent receit in your name,

6. If he refuses, continue to stay the way your predecessors stayed in that house.
Krishna Kishore Ganguly
Advocate, Kolkata
18533 Answers
449 Consultations

5.0 on 5.0

on demise of landlord children of 3 brothers would be the legal heirs 

2) there is no partition or deed of family settlment done among the legal heirs

3) all should agree to transfer tenancy in your name 

4) registered  tenancy  agreement ought to be entered into by the landlord in your favour 

5) rent amount payable by you should be mentioned in agreement 

6) further premium for transfer of tenancy in your name should be mentioned 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

This is a rental agreement, hence they can obtain a GPA from other shareholders in their favor to enter into a valid rental agreement with you or you can catch hold of the tenant who sold you this property to get the rental receipts transferred o your name. 
You can warn him that if he is not cooperating then a police complaint would be lodged for cheating you.
Legally you cannot go beyond this extent if nobody would cooperate with you other than using some illegal means or compromise.
T Kalaiselvan
Advocate, Vellore
35867 Answers
390 Consultations

5.0 on 5.0

1. The person who had originally allowed the house on rent against pagdi system, i.e. Mr. X or all his legal heirs are entitled to transfer the pagdi tenancy in your name.

2. Those two persons are owner of  1/12th of the  said property each for which they are not entitled to transfer the tenancy right in your favour.

3. You shall have to trace out all the legal heirs of Mr. X to get the tenancy right transferred in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
18533 Answers
449 Consultations

5.0 on 5.0

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