Pagadi system law in maharashtra to safeguard the tenents
Querist :
Anonymous
(Querist) 29 May 2018
This query is : Resolved
Hi,
We are 57 tenants in 2 bldgs. in mumbai city and owner of this property is not willing to redevelop the bldg.
Our bldg is almost 80+ yrs old as per our knowledge, also repair board has declared that no further repair possible for this construction.
Now how we can proceed/ approach for redevelopment without losing our homes.
Rgds
Chintamani Mayekar
Kishor Mehta
(Expert) 29 May 2018
In Mumbai it is essential to get the consent of the landlord for redevelopment. It will be in the best of your interests to mutually settle the matter of redevelopment with the Landlord. If, however, the Landlord does not co-operate you can submit a complaint to the Municipal corporation for structural repairs to the Building to enhahce its safety. Further, for old tenanted buildings in South Mumbai, there is a Law in place under which the tenants can take over the possession of the building by paying amount equal to 100 months rent.
Querist :
Anonymous
(Querist) 30 May 2018
Hi Mr. Mehta,
Thank you for your prompt reply.
Also I will thanks to the God that nothing went wrong as of now with any tenents due to old bldg.
But we read somewhere in news paper that if bldg. Collapsed then we will not have any rights to demand for our home? How much true it is ?
But is it possible that if we pay rent of 100 months and take possessions of bldg. but owner will not have any objections on it?
This will be huge loss to owner and how it will be accepted to him?
Regards
Chintamani Mayekar
Querist :
Anonymous
(Querist) 30 May 2018
Hi Mr. Mehta,
Thank you for your prompt reply.
Also I will thanks to the God that nothing went wrong as of now with any tenents due to old bldg.
But we read somewhere in news paper that if bldg. Collapsed then we will not have any rights to demand for our home? How much true it is ?
But is it possible that if we pay rent of 100 months and take possessions of bldg. but owner will not have any objections on it?
This will be huge loss to owner and how it will be accepted to him?
Regards
Chintamani Mayekar
Querist :
Anonymous
(Querist) 31 May 2018
Hi can anyone revertback on my above mentioned queries as we have to take next course of action either to have talk with owner or fight lawfully with help of expert lawyer.
Querist :
Anonymous
(Querist) 31 May 2018
Ms. Usha Kapoor
Pls can you throw some light on the queries mentioned above
Rgds
Chintamani Mayekar
Dr J C Vashista
(Expert) 31 May 2018
If you want to seek obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform, no reply for anonymous author.
Dr J C Vashista
(Expert) 31 May 2018
@ Chintamani Mayekar,
Apply to Municipal Corporation through a local lawyer for redevelopment of building, if the landlord do not cooperate as advised by expert Mr. Kishor Kumar,I agree.
Guest
(Expert) 01 June 2018
Dear Shri Chintamani Mayekar,
I don't believe in giving false hopes in an impossible situation. If you don't mind, you are required to realise the hard fact that nobody would like to invest Crores of rupees to redevelop the buildings for 57 tenants in the metropolitan city of Mumbai just to get paltry amount of rent from them. Even Municipal Corporation does not have any authority to redevelop the buildings for and on behalf of other owners of the land. The municipal corporation can only issue notice to vacate the building, if that is in dilapidated condition, to the owner as well as the tenants. Nobody would take care of your lives and personal properties, if the building collapses.
As of practical measure, the only alternative left with you is that all the tenants may at first collectively decide, whether they are ready to get the buildings redeveloped at their own cost or not then approach the landlord. But that would still be at the sole discretion of the owner to accept your proposal or not. Chances are 50:50, but with no relaxation or exemption towards rent on the part of tenants.
Rest depends upon the collective wisdom of the tenants.
Querist :
Anonymous
(Querist) 01 June 2018
Mr. Dhingra,
Thank you for your straight answer and to the point.
In our society meeting we will put this msg in front of all members and re-think for having discussion with owner for collective decision.
Thank you
Regards
Chintamani Mayekar
