Selling pagadi system room
Vinit
(Querist) 26 December 2013
This query is : Resolved
Hi,
I have a pagadi system flat in thane since 20 years.
now we need to sell that flat and hence owner of building is asking for 40% of profit.
Is this demand right?
Hemant Agarwal
(Expert) 27 December 2013
1. The question of right or wrong does not arise, when in lieu of your Tenancy rights without any reference to ownership rights. Means you are only a Tenant. Means you are NOT the owner.
2. The land-lord has the discretion to evict you from the tenancy, since selling the tenancy would
imply that you are not in need of the Flat. This also means that you are selling the Flat, because you do not require the Flat for personal residence. This also means that you are selling the Flat for profit, which is lawfully not yours.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 27 December 2013
Yes I agree with expert Mr. Agarwals' opinion on the subject. Pagri is not a title to the property, hence settle the issue amicably with the owner and proceed accordingly.
V R SHROFF
(Expert) 28 December 2013
THIS 40% IS REGULAR PRACTICE.
Propery is of Land lord, and he collected few cthousand as rent in last 20 yrs.
You used his premises for 20 yrs, and collecting Lakhs.
So Parting 40% out of your free earning is justified.
because of Laws for protection of Tenant's right, in Last 25 years , no new buildings were built in Thane/ Mumbai area for RENT.
Protection of Tenant's room, at the cost of Tenancy . No more room available. No more new tenants..
Like Laws for protection of (textile) Labour, at the cost of their JOB. no more textile mill jobs, Factory & Mills Shifted to other states, and they killed Datta Samant.
Legally, u don't get anything. No Right.
So get 60%, , and pat 40% to Landlord, though all illegal.
No way out for you, either legal way or illegal way.
AND THOUSANDS OF TENANTS DOING this AS NORMAL PRACTICE, why you have to ask???
Basically you are not SELLING, u r VACATING IT to shift yourself elsewhere.
Rajendra K Goyal
(Expert) 28 December 2013
Settle the issue amicably, tenant is not title holder, owner is title holder of the property.
