Pagdi property matter
Hesa
(Querist) 24 July 2013
This query is : Resolved
Hi,
I need urgent help.
we had a padgi propety, which we sold in the month of October. the buyer also had paid to the landlord the amount he asked for.
But now tha landlord has still not transfered the rent recepit and also he is not ready to accept that he has received any amount.
So we are in big trouble..
We have sold the property to the seller long time back but the property still is in ur name. And since we had sold it we had stop paying the rent also becaz we had moved on.
So wat should as a seller we should do & wat should the buyer also do from his end since he has already paid to the landlord.
Please help legally or internally want can be done now..
ajay sethi
(Expert) 24 July 2013
did you surrender your tenancy rights by an agreement ?
whether any agreement was entered into between the landlord and buyer?
generally landlord asks you to surrender your tenancy and he then accepts buyer as new tenant .
contact a local lawyer with the case papers
ajay sethi
(Expert) 24 July 2013
how was made payment made by buyer to landlord by cash or cheque ?
prabhakar singh
(Expert) 25 July 2013
Obviously payment must have been in cash.
You did not have any right to sale as tenant.Pagari does not mean any thing more than premium.
A tenant can simply surrender his tenancy.To pass it on further without consent in writing from the landlord is known as unauthorised subletting,a right tenant does not have.
You are a defaulter and your buyer is unauthorised occupant and landlord can sue you both for eviction.
Settle with him or wait for his action and enjoy possession,afterall eviction suit takes time.
