Paghadi house
Kanan
(Querist) 24 April 2016
This query is : Resolved
We have a paghadi house and ownership as well. Recently we have shifted to ownership house as paghadi house is very old. But in a week 1 or 2 days I stay in paghadi house. In this case can lanlord can create any problem or trouble saying we can't keep paghadi house empty? And even if he wants not to keep it empty then what can he done?
Guest
(Expert) 25 April 2016
I presume you are from Maharashtra (Since Pagadi word is used here traditionally)
1) You need to verify from Land record first who is real owner of the Land. It is observed many times Owner is some one else , construction is done by some one else and he gives place and collect rent . This is first imp. requirement to be checked.
2) Next thing which required to be checked is which other type of Acts are applicable on property. In Mumbai there are so many different types of Property legally it becomes difficult to generalize terms . Eg. Cesss Property, MAHADA houses, BMC houses , Private houses, Slum houses (Declared/undeclared), etc. This is essential factor to be checked.
3) Above 2 points are very imp.
4) Generally there is Rent Control Act but whether it is applicable after looking at permutation and combination that too required to be analysis . Now in general case there are eviction clause , like non use by tenant , bona fide requirement of lannd lord. But whether due to various legal complication of property law whether this act is applicable or not telling is difficult .
5) Only thing I can say try to refil LPG on Pagdi house 2-3 months , Run electricity little every month there should be some consumption. Apart from this nothing more I can tell at this stage in your interest.
Every thing requires minute observation , which can not be done on this forum . This is not permanent solution but workable solution. Still there are many loop holes depends upon Land Lord (If he is so)
Rajendra K Goyal
(Expert) 25 April 2016
Has the landlord created any problem in writing? If so reply his letter through your lawyer.
Meanwhile continue to have proofs of your stay.
