Mumbai pagadi property issue
Vikas
(Querist) 13 June 2014
This query is : Resolved
Dear All,
My Father brought a 120 sq-foot PAGADI room in the year 1980 for Rs 19000 form Mr X however he failed to get the Rent receipt transfered from the Buildings LandLord BUT continued to pay the rent to the owner until Dec-2012.
The LandLord used to collect the Rent and gave us a Rent receipt by the Name of MR 'X' for all these 30 years.
When I understood the meaning of Pagadi and the importance to having a Rent receipt on my Fathers name I requested VERBALLY to the LandLord many time but every time he said he will do it in some time and never mentioned any Amount that he wanted for transfer of rent receipt.
I paid the final rent in month of Dec-12 and have receipts until then however in Mar-13 my building got under a major repair work and my room was completely reconstructed(seling, walls and flooring) by MAHADA during this one year I visited the landlord 3 times for paying the rent but he said let the repair work finish and I will take the increased Rent together.
Finally I again went to his house last month to pay the rent.. he took rent from my neighbours but rejected my rent and for the first time he said that he wanted to discuss about the transfer of rent receipt.
I request him to mention his demand but he should not reject my rent as we have been paying the rent for last 30 years and here before he has never make his demand or rejected the rent so there is no reason for him to reject my rent now. But he did not accept the rent (which is pending for 15 months now) nor did he tell me the amount he is demanding.
Since last months I have visited his house 3 times and called him 5 time asking for his demand but he keeps on posponding and says that he will let me know after some.
I believe I might be in a troube and I am not sure about his intentions
I have all the rent receipts (with name of older tennant) for last 30 years until Dec-12 and electricity bills since 1981 on my fathers name (best thing done by my father).
Also all other documents like Ration Card, my passport, pan card etc are on our name with this rooms address.
I requested the landlorad mnay times now to mention his demand but failed as he just keeps on saying that he has not yet decided on the amount.
Mean while in the year 2010 with a help of a lawyer I did a notary between by Father and the older tenant in bhoi wada court. these documents are like idemnity bond, affidavid
1) What are my options now, should I send the Landlord a notice to accept my rent and transfer the rent receipt?
2) Can the law help him to make me vacant my room which we have occupied with his concent (nothing written) for last 30 years?
Please help!
Many thanks in advance
ajay sethi
(Expert) 13 June 2014
1) the mistake your father made was not having rent receipt transferred in his name when he bought premises on pagdi .
2) in addition all these years rent receipts are still in name of old tenant .
3) you should send letter to landlord by registered post AD to transfer flat in your father name . enclose copy of affidavit made by earlier tenant
4) also forward rent arrears by demand draft .
R.K Nanda
(Expert) 13 June 2014
consult local lawyer.
Sankaranarayanan
(Expert) 13 June 2014
well advised by sethi ji , consult local lawyer will more supprot for your problem
Kishor Mehta
(Expert) 13 June 2014
Sir,
Please understand your legal position, [1] Rent receipts of the premises are not in your name, just paying the rent and being in possession of the rent receipts does not make you a tenant. [2] The notarized document between your father and the old tenant is not binding on the landlord in any manner whatsoever. [3] The most important evidence that could have helped you was the possession of the premises, unfortunately you are not in the possession of the premises any more.
[Had you taken any document from the land lord, or MHADA, before parting with the possession of the premises? that may help you.]
However, if it can be proved that your father was related by blood to the old tenant, then it may help you to establish your father, and subsequently you, as a deemed tenant.
Please consult a legal counselor at an early date.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 13 June 2014
Well advised, agree with the advise of expert kishor mehta.
Vikas
(Querist) 13 June 2014
Dear Mr. Kishore,
I am in the possession of property and was in possession since the repair work is finished by MAHADA and I was in the possession of property before the repair work started. there was not docuemnt that I got from landlord or MAHADA nor did I signed any document for the repairing of the premises.
Yes I am in process of meeting a lawyer and quickly planning the next course of action.
Thanks to all for the expert advices!
Raj Kumar Makkad
(Expert) 13 June 2014
You have rightly been advised to immediately take action in this matter and seek injunction order at the initial stage.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
I agree with the opinions expressed by experts, you may fling into action without any delay.
