• No Pagdi Tenancy renewed since 40+ years? What would be the status under re-development?

Hello There,

We are staying in a pagdi tenancy since 1974. The building has formed a cooperative society and our unit is the only one left under Pagdi Tenancy. We only have one agreement, between my grandmother and the landlord's mother. The landlord’s son has never renewed the agreement since the landlady (his mother) mentioned in the agreement passed away, and my grandmother passed away in 2013. 

He stopped providing rent receipts, a long time ago, although we have paid the rent. Our last payment was provided as DD, with a request to transfer the tenancy to my name. He took the DD encashed it, and never acknowledged that agreement. And since then to date we haven’t paid him any rent. I am staying with my mom and sister, my dad has passed away!
Although, I am the legal heir. We are stuck with no Pagadi tenancy agreement under my name. 

I have a few questions:

1) Are we eligible to get a unit when redevelopment happens? We don’t have any Pagdi tenancy agreement under our names

2) If he agrees, can I pay him 33% based on the current market valuation, and buy the unit from him?

3) If we deposit the rent in court. I assume, there is a possibility where he could take the money now and then later on when the builder comes in, would be willing to return that money and ask us to vacant the unit. Since he's the one who may bring in the builder and won’t lose any opportunity to get this unit?
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

1. you are the legal heir of the original deceased tenant. so you are entitled. no new agreement is required. the legal heirs of the deceased tenant become the joint tenants by operation of law. It does not matter that the rent receipt is still issued in the name of your grandmother who was the original tenant

2. there is no need to pay any money to the landlord's son. however if you want the rent receipt to be issued in your sole name, then you can take noc from other heirs and submit that to the landlord and request him to transfer the rent bill in your name, however for that you dont have to pay full 33% since the heirs get tenancy rights by operation of law and there is no transfer of tenancy to a third party as such. in case you wish to buy the remaining rights of the landlord in the unit then for that he may demand the market value of the unit, since by transferring the remaining rights in the unit, you would become the owner of the unit. 

3. what rubbish! just continue to pay the rent to the heir of the deceased landlord and take proper rent receipts from him. If he is not accepting the rent then do a money order in his favour or make an application to the small causes court to deposit the rent in court since the landlord refuses to accept the rent from you. the builder as and when appointed has to recognise the heirs of the deceased tenant and the new rehab unit will be allotted to them only or to any one of them as per the mutual agreement between the heirs

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

After redevelopment the existing tenant will be a bower or the said flat and member of the society 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You are entitled to get flat on redevelopment 

 

2) you can purchase the flat if landlord is willing to sell by paying 33 per cent 

 

3) you can file suit in small causes court seek declaration that you are tenant of premises,deposit rentals in court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Neither the rental agreement on your names o nor the rent paid receipt is available hence in the absence to prove your tenancy or title in any manner, it will be a tough time to get you enlisted in the redevelopment program as a tenant.

2. You can talk to him, but if he does not agrees to it, then you may file a suit for injunction against him to restrain him from excluding your name for consideration during redevelopment program on the basis of LR to your father's mother (due to death of original legal heir i.e., your father), the evidences for the payment  rental amount  can be produced to establish the tenancy .

3.  You can deposit the rent in court for now to establish your tenancy. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

The entitlement to receive a flat upon redevelopment is granted. Additionally, there is an option to acquire the flat by paying 33% of its value in cases where the landlord is open to selling. If necessary, it is possible to initiate legal action in the small causes court to request a declaration confirming your tenancy status for the premises. This action can be accompanied by the depositing of rental payments with the court for resolution.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You can transfer rent amount to owner and it would be considered as valid proof of rent payment 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 valid mode of maintaining the tenancy and the landlord tenant relationship is to pay the rent regularly and if the landlord refuses to accept then you can better deposit in the court by filing a petition for this purpose

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,

Addressing Your Pagdi Tenancy Concerns

  1. Eligibility for a Unit During Redevelopment

Even though you don’t have a Pagdi tenancy agreement under your name, you may still be eligible for a unit during redevelopment. The key factors are:


  • Proof of Tenancy: You have been paying rent and have a historical agreement between your grandmother and the landlord’s mother. This can serve as proof of your tenancy.

  • Society Membership: Since the building has formed a cooperative society, you should ensure that your tenancy is recognized by the society. This can strengthen your claim during redevelopment.

  • Legal Heir: As the legal heir, you have the right to inherit the tenancy. You may need to provide documentation proving your status as the legal heir.

  1. Buying the Unit from the Landlord

If the landlord agrees, you can negotiate to buy the unit based on the current market valuation. Here are the steps:


  • Valuation: Get the property valued by a certified valuer to determine the current market price.

  • Negotiation: Offer to pay 33% of the market value, as per the common practice in Pagdi tenancies. Ensure that this agreement is documented and legally binding.

  • Legal Agreement: Draft a sale agreement with the help of a lawyer to formalize the transaction and protect your interests.

  1. Depositing Rent in Court

Depositing rent in court can be a strategic move to demonstrate your willingness to pay rent and maintain your tenancy rights. However, there are some considerations:


  • Court Deposit: You can file an application in the local Rent Control Court to deposit the rent. This shows that you are fulfilling your obligations as a tenant.

  • Legal Protection: By depositing rent in court, you protect yourself from eviction claims based on non-payment of rent.

  • Builder’s Involvement: If the landlord tries to return the money and ask you to vacate, you can contest this in court. The court will consider your long-term tenancy and the fact that you have been paying rent.

Practical Steps

 

  • Consult a Lawyer:

 


  • Engage a lawyer who specializes in tenancy and property laws. They can guide you through the process and help you draft necessary legal documents.

 

  • Document Everything:

 


  • Keep records of all rent payments, communications with the landlord, and any other relevant documents. This will be crucial in case of legal disputes.

 

  • Communicate with the Society:

 


  • Ensure that the cooperative society recognizes your tenancy. Attend society meetings and keep them informed about your situation.

 

  • Public Notice:

 

  • If you decide to buy the unit, consider publishing a public notice to inform any potential claimants and avoid future disputes.

 

Thank you. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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