Conversion from pagadi system to registered committee and redevlopment
yash007
(Querist) 13 September 2014
This query is : Resolved
Hi
We live in south Mumbai in Chawl under pagadi system. The current structure of building is not good . even repair is not done by landlord. He also not collecting rents from tenants as well.
1)My query is how we can convert this pagadi system into society systems ? and How ?
2) And if he dont agree then what are the ways that we can convert into society without his consent .since we want re-developed the same property.
3) is it necessary to pay rent to court ?
4) How can we convert into ownership system ?
please Guide
regards
ajay sethi
(Expert) 13 September 2014
you would need landlord consent to form society of tenants in society . even for redevelopment you need landlord consent as he is owner of property .
yash007
(Querist) 13 September 2014
What if we all( say 70%+) tenants are agree to redeveloped the property under MHADA section 33/7 is landlord have to give permission ?
Kishor Mehta
(Expert) 13 September 2014
Sir,
Please understand that you and the others are tenants and not the owners and do not have the right to redevelop the property without the consent in writing of the landlord.
Good Luck,
Kishor Mehta
Raj Kumar Makkad
(Expert) 16 September 2014
I do agree with the experts hence no more to add.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
You have been made clear of your position with regard to the property, you may better follow the advise rendered.
Hemant Agarwal
(Expert) 15 October 2014
For - "yash007" :
1. IF all the tenants are in documentary occupation for more than 12 years AND also are paying due documented rent to the landlord, THEN file a Writ Petition in the High Court, for direction to the Land-Lord, for filing his objection /consent for formation of a Society.
2. Subsequent to the above, and using various parameters and twists of law, the redevelopment of the said pagadi system chawl, can be made possible.
Keep Smiling .... Hemant Agarwal
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