Pagdi system
anuj
(Querist) 15 January 2017
This query is : Resolved
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.
My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt. The land lord is giving money to my dad, uncle & aunt for collecting No Objection Certificate so that he can sell the room to another party. Now all the rent reciepts of the family are in my grandmothers name.
Now the landlord is paying 5 lakhs to my uncle, 3 lakhs to aunty & 2.5 lakhs to dad for NOC.
My dad is demanding 5 lakhs, but the landlord refuses to pay 5 lakhs to us.
We haven't paid the rent for 10 years of room. The
landlord says he has the legal right to take possession of the room since we haven't paid the rent for 10 years. The landlord is forcing us to take 2.5 lakhs & give NOC. He is in very hurry to sell the room.
Please advice us that can he take the legal possession of the room, since we haven't paid rent for 10 years?. If so, then why is he forcing us to give NOC, what is the importance of NOC in this case.?
Rajendra K Goyal
(Expert) 16 January 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Pagdi-system-628921.asp
Kishor Mehta
(Expert) 16 January 2017
Sir,
[1] You are protected under Maharashtra Rent Act 1999 as deemed tenant, the Landlord can not evict you. He can file an eviction suit when you have to pay the entire amount of rent in the Court,
[2] However, better still, send the total amount of rent due per money order to the Landlord to prove that you are willing to pay the rent, if he rejects it, then preserve the money order receipt and returned money order form as evidence that you are willing to pay the rent,
[3] Gather and preserve all the evidences of your stay at the premises.
Good Luck,
Kishor Mehta
anuj
(Querist) 16 January 2017
Please tell us why is landlord demanding NOC.
Kishor Mehta
(Expert) 16 January 2017
Sir,
The Landlord is demanding NOC because all the legal beneficiaries of your grandmother can demand deemed tenancy rights of residence.
Good Luck,
Kishor Mehta
R.K Nanda
(Expert) 17 January 2017
consult local mumbai lawyer.
Rajendra K Goyal
(Expert) 17 January 2017
Well advised by the expert Kishor Mehta, may proceed accordingly.
Guest
(Expert) 20 January 2017
You need to sent legal notice to land Lord stating grandmother died now we legal heirs reside in tenement additional ly sent money by money order ask in notice to change name on receipt in name of person who are residing free of cost as per Maharashtra rent control act
If he does not cooperate then you need to apply in small cause court for fixation of standard rent in name of person residing
See sending notice and money order will spoil relationship this is truth but law state you need to do and if he does not accept than you need to apply for fixation of standard rent in small cause court
If he don't take rent then you need to deposit it in court this is procedure
How much money he has to give and what is sharing percentage between landlord and tenant while transferring rooms this law is silent .
