Legal document
Anita Singh
(Querist) 15 February 2014
This query is : Resolved
Dear expert
There is a shop in pagdi system which landlord wants to do the the same shop on its tenet name which paper landlord can execute for the same procedure .
Advocate M.Bhadra
(Expert) 16 February 2014
Your query is not clear,a lease right holder transferring lease rights to another with a premium is called "Pagdi" system,it is called in Mahrastra.
In the form of 'Pagdi' to the landlord & become the new contractual tenant as tenant will neither be a contractual nor statuary tenant but only an intruder in the property. So,Landlord can obtain surrender of tenancy document from tenant.
Nether the Transfer of Property Act nor any Rent Control Act of any Indian State recognises the Term 'Pagdi' & these paying,taking by the landlord or tenant etc is all out of court & personal deals where there is no legal sanction or recognition.
ajay sethi
(Expert) 16 February 2014
you mean to say landlord wants to sell the shop to tenant . in such a case sale deed has to be executed
Rajendra K Goyal
(Expert) 16 February 2014
If the intention is for the ownership of tenant sale deed has to be executed and registered.
Kishor Mehta
(Expert) 16 February 2014
Madam,
Different states have different legislation for rental and ownership premises. Please clarify the state you belong to and the exact nature of the transaction that your query relates to.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
It is very simple, execute a registered sale deed in favor of the tenant, why this pagdi and other issues are being highlighted.
