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Pagdi system flats

(Querist) 04 November 2014 This query is : Resolved 
Hi All,
Me and my parents are living in pagdi(rent) system flat from 1989 and we have all rent receipt till date.We are regular rent payers till today.

I have few questions
1.Can owner tell us to move from my flat?
(My owner is builder and I just heard that
he want to make commercial building over here (not yet confirm))

2.On redevelopment can we get flat? if yes is it of same area? Do we get flat on same location?

Owners are not allowing us to sell flat to any other person.He want those flats to make a commercial zone. He is buying all those flats in lesser than 50% of market price.

3.Is there any rule that after paying rent to 25-30 years its not required to give rent? Indirectly rent person (my dad) will own the house?(I heard about it.Just want to be sure before connecting with my builder.)

Regards,
Parth
Dr J C Vashista (Expert) 05 November 2014
Yes, the owner can ask to vacate the flat with the permission of Court but will have to specify time and provide the flat on reconstruction.
As a tenant you cannot sell the demised (tenanted) premises without any attorney (authority) executed by owner in your favour.
No, you cannot enjoy tenanted premises even for a single day without payment of rent.
Devajyoti Barman (Expert) 05 November 2014
Though period of tenancy does not perfect the title of tenancy , most of the time it depends on the rent law of the particular state.
If the property is going to be redeveloped then the landlord can not take back the same without the permission of court or by way of agreement with the tenant with clause to redeliver once it is built.
So if the landlord is not ready to enter into agreement with you then file a suit for declaration and injunction.
Rajendra K Goyal (Expert) 05 November 2014
Agree with the expert Devajyoti Barman.
ajay sethi (Expert) 05 November 2014
agree with experts
malipeddi jaggarao (Expert) 06 November 2014
1. Agreed with Dr.Vashista and Mr.Barman.
2. Yes but area may vary.
3. No, the tenant cannot be the owner on the basis of long tenancy.
T. Kalaiselvan, Advocate (Expert) 07 November 2014
I too concur with the views of experts.


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