Sale of Paghdi system flat in special case
Urval Solanki
(Querist) 03 June 2017
This query is : Resolved
Hello every one!!
One of my friends is staying in 4BHK flat since 40-50 years which is under paghdi system in CHS. Landlord is not reachable since many years as he is under criminal proceedings before him. Now my friend wants to sale that flat along with many other occupants, is it possible for him in this case.?. Or can they give flat on rent?? Can court interfere in this case? Also image of landlord is negative in market... Kindly suggest different ways to get out from it.... Thank you!!!
Kishor Mehta
(Expert) 04 June 2017
Sir,
The reply to all of your queries is in negative.
Good luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 04 June 2017
Tenant is always a tenant, he can not sell rented property.
Dr J C Vashista
(Expert) 05 June 2017
Why are you perturbed with the problem of your "friend" if the query is not an academic?
Was there the concept prevalent in any Indian city/market for 4 BHK/CHS being given on rent 40-50 years before, as stated by you?
I endorse expert advise of Mr. Rajendra K Goyal, tenant can never be "owner" to sell out demised premises.
Such hypothetical academic query should be discussed with your tutor.
LCI Admin is requested to filter and drop such query.
Urval Solanki
(Querist) 05 June 2017
Thanks everyone for the feedback!!!!
But this is actual situation presented here. They are staying there since many years with rental amount as per paghdi system. So they are the tenants. They are staying since initial stage. They have not taken it on rent because they are occupants since initial stage. They might have got 4BHK in developed property under paghdi after redevelopment. And under paghdi 1/3rd portion of sale is to be given to owners and remaining amount can be retained by paghdi tenant. Please correct me if i am wrong. Agreed that tenants can't sale but in paghdi you are not just tenants. You have proportionate right over houses but not land.
I hope this query sounds realistic.!!!
Please guide me on this!!!
Hemant Agarwal
(Expert) 06 June 2017
1. FIRSTLY, Pagdi Tenants, in the capacity of "tenants" have NO RIGHTS "WHATSOEVER", on any type of Flat or Land.
2. SECONDLY, sometimes you say that "They are staying there since many years with rental amount as per paghdi system". THEN you say "They have not taken it on rent because they are occupants since initial stage".
You say "with rental" and later on you say "not taken on rent"
These statements are legally contradictory.
3. Irrespective of the whereabouts or legal character of the Land-Lord, the tenant will always remain a tenant, and any action of Selling /Renting shall be a criminally prosecutable offence.
4. HOWEVER, "IF" during redevelopment, IF the property deed was duly executed in favor of the tenant, THEN the tenant becomes the "title-owner" and is then entitled to Sell /Rent the property.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Urval Solanki
(Querist) 13 June 2017
Thank you so much Mr. Hemant Agarwal!!!!!
Let me tell you history of this paghdi system.
Its a story of mine own house. My grandmother purchased my house for Rs 1000 from landlord even before 1981..but under this system we were required to pay rent of Rs 2 at initial stage which is Rs 100 as on date. As you say that tenants don't have any right but in this case developer who has purchased our land from landlord is offering us Rs 30 lakhs for our house. Few of occupants like us have already sold property which was under paghdi. Same situation is with my above mentioned query. Why cant they sale property?? Why they cant have any right?? Please guide sir!!!!
