Rights of landlord in pagdi system flat?
Deepesh Manglani
(Querist) 11 August 2014
This query is : Resolved
Dear Sir/Madam,
I have a ancestor property and the only property in Borivali east(Mumbai) my grandmother gave the property on rent to a family in 1984 without any paper work. The family has been paying rent to my father and we have been issuing receipts.
Last year a builder approached them and the tenants have given the flat for redevelopment without our consent. I am not able to trace the tenant as he did not inform us about his where about. The builder says that he only needed 2 address proof(MTNL bill & Voter ID) provide by the tenant to get in to an agreement with the tenant. The building is already demolished. I asked the builder to give me a sum of equivalent to 33% of the flats value but he refused and asked me to fight a case with the tenant and not sharing the tenants contact details.
I have the following documents
1) Original registered flat ownership document
2) light bill for the month February 2014
3) property tax paid till February 2014
4) copy of receipts given to tenants
Kindly suggest IF & WHAT legal action can I take against the Tenant & Builder and what are the chances of my family getting 33% of the flats value as this is the only property we have and currently I am staying in a rented flat.
Thank you
Deepesh
Raj Kumar Makkad
(Expert) 11 August 2014
You should immediately obtain a stay order against further demolition and change of the nature of the property and also against the implementation of the alleged contract executed between your tenant and the builder and thus get the relief through civil court.
Deepesh Manglani
(Querist) 11 August 2014
Thank you for the quick response. We have already tried getting a stay order but failed to do so. There are 7 more Landlord in the same building and going through the same situation as mine. Could you recommend any good lawyer in Mumbai? Because I have started to feel mine is taking us for a ride and hence I came on this site to take the Experts Opinion. Also can I file a criminal(fraud) case on the tenant on the basis of him selling our property. The builder seems to be strong , he is ready to fight the case. he told us the case can go on and on.Is there any law where a court is obligated to make a decision within a certain period of time? Do we have that law in India?
Raj Kumar Makkad
(Expert) 12 August 2014
File appeal against the order refusing to grant stay order before the appellate court. Better to enquire about civil lawyer locally and engage him.
Criminal case can also be filed at the same time and this opinion has already been given to you.
Deepesh Manglani
(Querist) 16 August 2014
Thank you so much for your opinion.. Will keep posting the case progress
ADV-JEEVAN PATIL, MUMBAI
(Expert) 12 August 2014
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
