Landlord desires to rebuild under 'pagdi system' setup
Querist :
Anonymous
(Querist) 13 November 2009
This query is : Resolved
A landlord under a 'pagdi system' in mumbai is desirous to redevelop the building and is demanding a contribution of 2.5 lakh from each tenement for an additional space of 50 sq ft to each tenant.The landlord is going to build a new building adjacent to the existing building where he plans to accommodate existing tenants and will build another structure which he shall use for free sale. The landlord also agrees to transfer the new flats on ownership basis- thereby terminating the landlord-tenant relationship but states that the cost of transfer is to be borne by each tenant.He further reserves his right to use the terrace and lateral sides of the building to use to install hoardings and keep for himself the profits earned therefrom. He is further demanding a monthly contribution of 10k for maintenance until a society is formed by the tenants.
My question is :
a) is his demand of 2.5 lakh for additional floor space of 50 sq feet, legitimate?
b) can he reserve his right to use the terrace and lateral sides of the building for advertisements and earn profits thereof?
c) can he demand 'irrevocable consent' from tenants to sign a 'permanent alternate accommodation' ?
If an expert requires any more information i shall supply with the same.
Thanks
Raj Kumar Makkad
(Expert) 13 November 2009
1. Yes. if tenants agree for additional space.
2. It depends upon the agreement to be executed between him and the tenants
3. Similar irrevocable consent can be obtained by tenants from him to obey each and every term and to provide the alternate accomodation within a stipulated time.
