Registration of society in paghdi system buildings
Tanvi Tanvi
(Querist) 02 February 2017
This query is : Resolved
Hi,
I live in a paghdi system building that is owned by a trust. It is part of a set of 5 such buildings, all of which are over 60 years old. Most of the residents are keen to explore the possibility of redevelopment of these buildings. However, as we are tenants, we currently do not have a housing society. My queries are:
1. Can tenants of paghdi system buildings come together to register a society in order to present their views to the landlord jointly?
2. What are the redevelopment rules related to paghdi system buildings? If the landlord is not interested but the tenants are, can we still press for redevelopment?
It would be of tremendous help if someone can answer these queries.
Thanks in advance,
Tanvi A
Isaac Gabriel
(Expert) 03 February 2017
New concept.Work it out with the Cooperative Registrar of the area.
Kishor Mehta
(Expert) 03 February 2017
Madam,
The tenants can form a society to solve their internal disputes but it has no legal recognition neither can it force the landlord for redevelopment of the building.
It has to approach the local Municipality in the matter of repairs to the old and dilapidated buildings.
Good luck,
Kishor Mehta
Ms.Usha Kapoor
(Expert) 04 February 2017
aGREE WITH EZXPERT kISHORE MEHTA.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 February 2017
Agree with expert Kishore Mehta and further that I can form a Committee of tenants and approach landlord for its maintenance,repair or redevelopments,
Adv.Jeevan Patil
Dr J C Vashista
(Expert) 09 February 2017
Instead of cooperative society the tenants (on pagdi system) may form resident's welfare association (RWA) get it registered with Registrar of Firms & Societies under the provisions of Societies Registration Act, 1860 and may take up repair of the building/ premises but neither renovation nor redevelopment can be taken without consent of landlord.
krishna mohan
(Expert) 20 February 2017
I agree with the views of Dr. J.C. Vashista and as no tenant can force the owner to agree for their specific proposal without any legal rights. Better way would be discuss with the owner (trust) to see how your interest can be taken care whether through re development (or) up keep or maintenance.
M V Gupta
(Expert) 28 February 2017
For forming coop society tenants should produce registered lease deeds executed by the owner. As these do not exist generally in the case of pugdee system, the alternative is to form a Tenants welfare Association. But I find the Charity Commissioner in Maharashtra with whom the welfare association is to be registered under the Societies Registration Act, 1861 does not register such societies which are not public in nature. In the result the tenants can approach the MAHDA for carrying out repairs or redevelopment of the buildings.
