Kumar Kumar (owner) 11 October 2016

Pagdi property - landlord seeks advise/help

Respected fraternity, I am a Landlord of a 45 year old building in Mumbai. I have 20 pagdi tenants of which 17 are inside the building and 3 are outside of building but within compound as sheds. These sheds are not in plan but are regularised in BMC records. Past 4 years I have stopped accepting rent from these sheds because originally it was given to servants and now 3rd generation lives and openly challenges us that they will not leave. We have given notices but not yet done legal case. One of the shed members was ready to leave if given money and we settled it amicably by paying him money. These 3 sheds ask completely unreasonable money . Fact is that building is in very bad state . I have already done structural audit from BMC authorised person and given copy to all pagdi tenants that building is in danger . I have also given copy to Police, Fire Department. Currently I dont even know who stays in these sheds. I am scared if some illegal activity goes on there i will not even come to know. one of the shed is always locked and the person stays in Kolkatta. Whenever I speak to him he says he will not vacate . He says I should allow to sell which I am not allowing. I would like to get advise on how to put legal pressure in asking them to vacate. All original parties of these sheds are dead. Its their 3rd generation which is living there and that too completely free. Please advise .

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5 Replies

samit kamat 12 October 2016

hi. looks like yours property falls in 33(7). We are the developers at Shivaji Park and expertise in develpoment of 33(7) property. My colleauge is BE CIVIL, LLB & LLM and we will be very happy to extend you an advice to clear this mess. Please feel free to get in touch with me on 7715823649.

Regards

samit kamat

Sujit bajaj 12 October 2016

Sir/man I am the tentant of one pagdi property and I am paying rent regularly. I don't have any lease agreement on pagdi. But I have rent deed of 1984.i have all rent paid receipts since 1984. I had improvements in property in 2005 with the oral permission of owner. Now can my owner sale this property to anyone without my permission, and what I have to do in my favour?? I have only that shop to earn money..plzz send me any suggestions that I can take through any one of you experts.

Kishor Mehta (CEO) 12 October 2016

Sirs,

Please note that under the Mahrashtra Rent Control Act 1999, tenant can not be asked to vacate if he does nothing conrary to the Mahrashtra Rent Control Act 1999.

Any and all renovations and improvements in the rental premises have to be done with the written permission of the Landlord. The Landlord need not take the permission of the tenant when he wants to sell his property. The tenant is protected under the Mahrashtra Rent Control Act 1999 even after the sale of the property by the Landlord.

Good Luck,

Kishor Mehta

P. Venu (Advocate) 13 October 2016

Why is that the tenancy is termed 'pagdi'!

Kishor Mehta (CEO) 13 October 2016

Dear Mr. Venu,

With respect, in old days. in Mumbai, there was a system to charge premium while offering tenancy of a premises, this premium was called 'Pagdi' in local languages. This nomenclature stuck and the rental premises in Mumbai are termed as 'Pagdi' premises. The system still continues and certain amount of 'Pagdi' has to be paid, to the Landlord, at the time of transfer of tenancy rights. Efforts have also been made to give this practice a legal cover so that the Government can receive some percentage of the proceeds.

For all legal and practical puposes these 'Pagdi' premises are tenancies and are governed by Maharashtra Rent Control Act 1999.

Good Luck,

Kishor Mehta