Pagdi system
Prashant M
(Querist) 01 January 2015
This query is : Resolved
Hello Experts,
I have a quick question. We are staying in a pagdi system chawl(Mumbai). The rent receipt is on my grandfathers name till now. My grandfather and grandmother died long back. My father too died 5 years back. All the other document (Electricity, Ration card etc.) are on my mothers name now.
Now the landlord is not transferring the rent receipt on my mothers name. She says that my uncle and aunties permission is required to do the same (who do not stay with us and has moved long back). We stay and manage property since last 15 years.
My question is:
1) Do my mother needs their permission to do so?
2)Secondly if any re-development plans in our area, whose name the new property will go? Is the rent receipt necessary to have the new property on my mothers name. If not what documents are really required?
3) We wanted to make it a duplex house as all others have in our chawl. Is it allowed without pagdi owners permission.
Your expert help is really appreciated.
Thank you in advance
V R SHROFF
(Expert) 01 January 2015
solve it amicably.
Legally all legal heirs permission is required.
Landlord have ample right., can use or misuse as he like....
Prashant M
(Querist) 01 January 2015
Thank you very much for a swift response.
But case here is the landlord asking big amount to build over it. Not acceptable.
She does not accept the rent in cheque too.
Secondly uncle is not ready to transfer the receipt on my mothers name as he wants it on his name, he says legally it's his right.
What happens about the redevelopment?
Any suggestions?
ajay sethi
(Expert) 02 January 2015
you need uncle consent for transfer of rent receipt in favour of your mother . in the case of redevelopment both your uncle and your mother will have equal rights in property .
Prashant M
(Querist) 02 January 2015
Thank you Mr.Ajay, that was really helpful.
How about building a duplex? Can we build it on top without owners permission?
If permission is to be taken from owner how much is the percentage of the property value should we give him?
ajay sethi
(Expert) 02 January 2015
you need landlord permission to carry out additional construction . if you carry construction without his consent he will file suit for eviction against you
ajay sethi
(Expert) 02 January 2015
landlord will demand his pound of flesh . negotiate with landlord
Rajendra K Goyal
(Expert) 02 January 2015
Landlord is right in asking for the permission of legal heirs to transfer the tenancy. Any alteration can be done only with the permission of landlord.
Prashant M
(Querist) 02 January 2015
That was some really great expert help guys.
Thank you very very much and wish you a great successful new year ahead.
Thank you again.
T. Kalaiselvan, Advocate
(Expert) 03 January 2015
The experts have advised you very well, so please be cautious before you venture into any idea about altering or constructing additional floor etc.
