Percentage of the salami entitled to the tenant
Javed Ali Khan
(Querist) 09 April 2021
This query is : Resolved
I am a landlord in Ballygunge area, Kolkata, West Bengal. My tenant on monthly rent wants to surrender the possession of the self contained flat against a lumpsum money. Since, I don't require the flat, he has arranged a third party, who would take the possession of the flat by paying a lumpsum money ( Salami). Now, what is the percentage of salami, the tenant who wants to surrender the possession of the flat, is entitled to the total amount of the lumpsum money ( Salami ), which would be paid by the third party, as per the prevailing market rate in the locality.
T. Kalaiselvan, Advocate
(Expert) 22 May 2021
Metropolitan cities like Mumbai, Delhi and Kolkata have had the pagdi system for years and even today, it is estimated that there may be over 7.5 lakh pagdi homes in Mumbai.
a land owner could confer a kind of ownership to the tenant for a deposit of money. This partial ownership means that the tenant has a certain right over the property but not the land. In this case, the part-owner can even sublet the premises but the rent that he gets must be divided between the actual owner of the property and the part-owner that is the first tenant. The original owner gets to earn a little extra, because of such a provision.
It only prescribes that you seek the prior consent of the landlord, before transferring your tenancy. Usually the part-owner gives some portion of the sale proceeds to the original owner. As per market practices, this is 33% but it could be less or even more. However, there is no such thumb rule.
