Manisha (Exec) 27 October 2009

paghadi system-tenants rights

Hi,

Please advoice me

we are staying in paghadi system from more than 10yrs.

how much are rights of tenant as compare to landlord?

can we transfer property form paghadi system to ownership? what is procedure of it?

now one tenant from other chawl want to take line from our toilet pipe line & landlord has givien permission to him.....so can we go aginst him & landlord by leagly? ........& one more thingh nager sevak made that pipeline for us & landlord has separate pipeline so he has rights to interfear in our pipeline?

Please advioce me as soon as possible

Regards

Manisha

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 29 October 2009

Pagadi system is not recognised by Indian law so no tenat can become owner by way of this system. What so ever rights to a tenat are available according to your tenancy agreement or according to natural justice /rent act, are avaialbe to you and you deserve no special legal rights in your favour under the garb of paghadi.

But in case of pipeline, you are absolutely right. The landlord has got no right to disturb you and intervene in your exclusive enjoyment. You can seek sttay order from civil court of your area.

Manisha (Exec) 30 October 2009

thanx sir, within these 2 days other person has entered our pipe line .....so what i supposed to do in this case & no any other tenant are ready to against owner so can i alone against owner?

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 01 November 2009

in MAHRAHSTRA , pagadi systam is now legal and 1999 rent control act act is in existance.

landlord is owner of land and building. tenant has limited right over premises and depend on tenancy agreement . if no tenancy agreement , rent act prevails.

form tennat to ownership , consent of landlord is required and you have to pay 100 itmes rent of 12 years and to register the agreement and to pay stamp duty on it also.

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