Need help regarding pagadi property
jay patil
(Querist) 02 August 2014
This query is : Resolved
We have 5 story building in dombivali, mumbai. 90% rooms are in pagadi basis. Now we want to give our building for redevelopment . how much amount can I collect from my tenant as redevelopment cost.If I want to give the complete ownership of my rooms to my tenant after redevelopment can i take the revelopment chareges as per the sq ft + my 33 pecent ownership my room.
please help me wiht that.
ajay sethi
(Expert) 02 August 2014
you would need consent of tenants . you have to offer them ownership rights and some extra area . you can recover construction cost provided the tenants are willing to pay
Kishor Mehta
(Expert) 02 August 2014
Sir,
The consent of the tenants is necessary for redevelopment, hence as a general practice the tenants do not pay any amount to the landlord at the time of redevelopment, however the landlord offers the tenants the alternate residence on ownership basis in lieu of their consent to the redevelopment.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 02 August 2014
It is difficult that the tenants would agree to your proposal for paying extra cost as their consent is necessary. The custom is also such. Agree with the experts.
Sri Vijayan.A
(Expert) 03 August 2014
It also depends on T & C of pagadi
T. Kalaiselvan, Advocate 
(Expert) 03 August 2014
There is no T and C in pagadi system. It is oral and the consent of the tenants as rightly notified by the experts is essential for redevelopment. You may consult a local lawyer and proceed further as per his advise based on the prevailing circumstances.
prabhakar singh
(Expert) 03 August 2014
Owner can not redevelop or enter into an agreement of redevelopment with a builder unless all tenants have agreed in writing with owner for redevelopment to be carried on terms stipulated therein unless such redevelopment terms are already in existence in the Pagari agreement.
The ordinary general practice is to provide ownership rights to those Pagari tenants on permanent basis in redeveloped property and owner either sales or share the surplus floors on terms agreed with the builder.
Hemant Agarwal
(Expert) 15 October 2014
For - "jay patil " :
1. IT is NOT necessary to give "ownership" flats to pagdi-system tenants, after redevelopment. However if the land-lord still wants to give away redeveloped flats to the pagdi-system tenants, on ownership basis, THEN everything else is a matter of negotiations with the tenants.
2. AFTER redevelopment, the land-lord may to continue "pagdi-system tenancy" for all his tenants, at the same terms and conditions (which includes rent, area .... )
3. The pagdi-system tenants, will have no choice, since the redevelopment of the building shall be construed for the benefit of the pagdi-system tenants.
4. The Landlord will have to undertake to provide alternate accommodation, during redevelopment to the pagdi-system tenants, thus maintaining status-quo situation, in all respects.
Keep Smiling .... Hemant Agarwal
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