• Pagdi system flat ownership and transfer rights

My family has been staying in a Pagdi system flat for the last 80-90 years in Mumbai. The first tenant I believe was my great grandfather, then grandfather and then my father. My father passed away in 2016 and my mother and sister currently reside in the flat. I also grew up in the flat and now visit every few days and stay sometimes in the flat to see my family. The landlord is on friendly terms with my family since many decades but my mother claims that there is no rent he is collecting since many years and hence no receipts (this is true, he has not collected from any other tenant). My questions are as follows:

1. Does no rent receipt mean my mother or I in the future could stand any risk of losing rights over the flat? If yes, what documentation does one require to evidence that this flat is indeed rented out as per Pagdi system laws to my family. We have recently repaired the building and made significant contributions to the repairs
2. Do I, as the son need to prove that I reside there - all my official documents and ID bear the address of this flat but is there any other proof I require to show that I reside here permanently to claim inheritance of this flat?

Thank you
Asked 3 years ago in Property Law
Religion: Other

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3 Answers

Non payment of rent is ground for eviction 

 

2) send letter to landlord by speed post AD enclosing total rent arrears sue and payable by your family 

 

3) your aadhar card ,PAN card ,bank statements reflect that you are staying in said flat 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

There should be positive evidence of you residing at the said place. May be your phone bill or other documentation

Yes he needs to prove the same in absence of rent receipt

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

1. If monthly rental payment is not paid, it can be considered as a ground for eviction, so better pay the rent to the landlord with arrears, if he refuses to accept then you can deposit the same in court.

2. The documentary proofs pertaining to that address would be sufficient to prove your rights in the pagdi system property 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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