• Protected tenancy in pagdi system in Mumbai

I was advised that if I have any official proof of something before 1985 then we come under the protected tenancy rights. Is it correct? Also, I don’t have any rent receipts which are before 1985 but I can procure old electricity bills from the department as the electricity board hasn’t changed since the start. I can also try to check if I can get some records from the FDA. Would this work as proof. Are there any other documents before 1985 that can be valid in the court of law?
Asked 1 year ago in Property Law
Religion: Hindu

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7 Answers

 

all licensees created by landlords or by the tenant before 1st February, 1973 and who were in actual occupation of a premises which was not less than a room as licensee on 1st February, 1973 would be the licensees of the landlord or tenant and whether there be any term in the original agreement for tenancy permitting creation of such tenancy or licences or not they would become tenant and enjoy the rights granted under the Act specially those mentioned in Section 14(2) of the Act.


You need to produce rent receipts or any correspondence with landlord to prove you are tenant 

 

old electricity bills do not prove tenancy 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8152 Consultations

yes you will be a protected tenant and rent receipts will be valid

Prashant Nayak
Advocate, Mumbai
34597 Answers
249 Consultations

To claim protected tenancy under the pagdi system in Mumbai, you generally need proof of occupancy before February 1, 1973, as per the Maharashtra Rent Control Act. Rent receipts or written correspondence with the landlord are the strongest evidence. Old electricity bills alone may not suffice to establish tenancy, but gathering multiple documents, such as voter ID, ration cards, or property tax records from before 1985, can strengthen your case.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

Shubham Goyal
Advocate, Delhi
2146 Answers
16 Consultations

There isn't much information about proof of protected tenancy rights under the Pagdi system in Mumbai before 1985, but here's some information about the Pagdi system and tenancy rights:

The Pagdi system is a type of tenancy where a tenant pays a lump sum to the landlord, known as the pagdi, and then pays a small rent. The pagdi represents the tenant's tenancy rights, which can be passed on to heirs or sold to another person.

However it is pertinent that you possess even the old rental agreement or the property tax paid receipts.

T he electricity consumption bills are not vital or concrete evidence to decide the tenancy under pagdi system of that period.

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

Dear Client,

In the Present Scenario, you were advised that if you have any official proof of something before 1985, then you may come under the protected tenancy rights. Further, you do not possess any rent receipts which are before 1985 but you may procure old electricity bills from the department as the electricity board has not changed yet. You have also stated that you may try to check if you may get some records from the FDA. Herein, Protected tenants under the Indian law, are often given rights to continue residing in the rented property even if the landlord tries to evict them, as long as the tenancy is deemed valid under the provisions of the Rent Control Law. With respect to the proof prior to 1985, if your tenancy existed before that time, your rights might still be valid under the relevant laws. With respect to what documents may be used as proof, you may use the old electricity bills, FDA or other public records, relevant tax records, court orders or the rent agreement. However, here, the tenant is seeking to claim for protected rights, then the onus of proof lies on the tenant to prove that, they have been continuously occupying the premises, paying rent, and not evicted by the landlord. For the same, old documents, before 1985, may be used to strengthen your case.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
11024 Answers
125 Consultations

i am really curious what is so special about the year 1985!

upon demise of the original contractual tenant the tenancy would automatically devolve on the person who was doing business with the deceased tenant from the premises

the relevant provision is reproduced below:

MAHARASHTRA RENT CONTROL ACT, 1999 Section 7 - Definitions

(15) "tenant" means any person by whom or on whose account rent is payable for any premises and includes,--

(a) such person,--

(i) who is a tenant, or

(ii) who is a deemed tenant, or

(iii) who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or

(iv) who has derived title under a tenant, or

(v) to whom interest in premises has been assigned or transferred as permitted,by virtue of, or under the provisions of, any of the repealed Acts;

(b) a person who is deemed to be a tenant under section 25;

(c) a person to whom interest in premises has been assigned or transferred as permitted under section 26;

(d) in relation to any premises, when the tenant dies, whether the death occured before or after the commencement of this Act, any member of the tenant's family, who, --

(i) where they are let for residence, is residing, or

(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose,

with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.

 

so if your father was using the premises alongwith your grandfather at the time of his death for doing business from the tenanted premises then your father would automatically become the successor tenant u/s 7(15)(d)(ii) of the Maharashtra Rent Control Act

 

so i don't understand the need to have any proof before the year 1985

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

Under the Maharashtra Rent Control Act, protected tenancy is established based on continuous possession of the property for a long period.

- If , you are in possession of the premises since 1985 or before and no rent receipt was ever issued then also you entitled for protected tenancy.

- Electricity bill can be a proof . 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

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