Buying pagdi house
Mehtab
(Querist) 27 December 2015
This query is : Resolved
Hi,
I am thinking to buy a pagdi house in my area in versova village Mumbai.
Its a 1bhk pagdi house. Its a 20 yr old flat and the lady (first party) has died and their children's are selling then pagdi property.
But the children do not have the any initial agreement when he bought the room and also any old bill. Currently the flat is still in the name on their mother abd They are saying that they will get it transfer in my name once deal is done.
1. How safe is buying the pagdi flat in above scenario
2. Will transfer of rent bill on my name enough to get the possession of the flat. Do we need to have those old documents.
3.if I just have my name transferred on rent bill then will I have any problem later in selling
4. Can you guide what need to be taken care of
Thanks
Adv. Yogen Kakade
(Expert) 28 December 2015
Hi,
Firstly apply for the old records of the said property or get a proper search report done of the said property.. you will be able to come to know the past transactions and the encumbrances if any.. while executing the deed of sale you will need the signature of the pagadi or long lease holder as consenting party to the agreement.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Adv. Yogen Kakade
(Expert) 28 December 2015
Hi,
Firstly apply for the old records of the said property or get a proper search report done of the said property.. you will be able to come to know the past transactions and the encumbrances if any.. while executing the deed of sale you will need the signature of the pagadi or long lease holder as consenting party to the agreement.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Kishor Mehta
(Expert) 28 December 2015
Sir,
Please understand that pagdi flats in Maharashtra are governed by The Maharashtra Rent Control Act of 1999, and a pagdi flat can not be transferred by the tenants without the permission of the landlord.
Only the landlord can transfer the rent receipt of a pagdi flat to the name of a new tenant, the previous tenant has to surrender his/her tenancy rights to the landlord with a registered document, then landlord makes a fresh document of tenancy in the name of the new tenant, which has also the be registered.
Good Luck,
Kishor Mehta
Mehtab
(Querist) 29 December 2015
Thanks a lot Kishore Mehta,
So what I understand that existing tenant need surrenders his/her tenancy rights to land lord and then I need to make a fresh document of tenancy with landlord for new tenant and get it registered.
some questions
1. As I will create tenancy document with landlord then do I need to have any documentation with the old tenant from whom I am acquiring tenancy as I will be paying him money.
2. As the house was on their mother name so I assume I should ask them to get it transferred to one of their son name and then it should be transferred in my name via landlord
3. If registration of the tenancy to be done landlord then do I need to worry of having any old documents from the last tenant.
4. If landlord do not agree to register the documentation for transfer of tenancy then is it advisable to go ahead buying if he only agrees to give rent receipt
Thanks
Mehtab
Kishor Mehta
(Expert) 29 December 2015
Madam,
A Tenancy agreement with the landlord is legally necessary to create tenancy rights, this document has to be properly stamped and duly registered, if the landlord is not prepared to enter into a tenancy agreement with you but agrees only to give rent receipt, you are not advised to enter into such dubious transactions.
If the Tenancy agreement is properly stamped and duly registered, you need not worry about the documentations with the previous tenants.
Pay money only if the Tenancy Agreement is executed and registered.
Good Luck,
Kishor Mehta
Dr J C Vashista
(Expert) 31 December 2015
Well advised by expert Mr. Kishor Mehta, no room left to add.
K.S.Srinivas
(Expert) 31 December 2015
I also go with the expert Sri Kishor Mehta.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
Mehtab
(Querist) 15 February 2016
Hi,
Have seen a new pagdi property now. But problem is that land Lord has died 5yrs back with wife who is very old and unwell and 2 adult son behind.
Sons have not transferred the property on their name but have been issuing rent receipt on their father name and signed by eldest son.
So now I want to get the tenancy transferred to my name and the sons have agreed to sign tenancy agreement.
Now could you help me as what document I should ask them to prove they are legal heirs and they can sign tenancy agreement.
