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Purchase of shop on pagadi system in mum

(Querist) 10 September 2016 This query is : Resolved 
I PURCHASED ONE SHOP IN DHARAVI MUMBAI ON PAGADI SYSTEM AND LANDLORD READY TO ISSUE RENT RECEIPT IN MY NAME ON PAYMENT OF 20% AMOUNT AS PAGDI IN CASH IS IT BENEFICIAL FOR ME TO ENTER INTO REGISTERED TRI PARTY AGREEMENT WITH LAND LORD AS I HEARED THAT IN THE ABSENCE OF AGREEMENT ONLY CONDITIONS OF TENANT PREVAILS IF ANY DISPUTE ARISES AFTERWORDS
what is right of possession after my death
can i sublet property with any clause entered into agreement now to facilitate sub letting in futur
Guest (Expert) 10 September 2016
See first let your concept be clear , forget usage and your personal thoughts regarding this transaction

1) You have taken on Rent one shop , you have protection as protected tenant under provision of Maharashtra Rent Control Act 1999

2) Now to get such protected rent premises (Pagadi system) transferred to your name as tenant you require to pay to landlord and it is legal from 2000 additionally you have to register tenancy transfer deed or tenancy deed

3) Most imp. thing you are tenant not owner you are governed by provision of Maharashtra Rent control act and eviction section 15, 16 is applicable to you

4) Additionally all other provision are applicable to you too , so don't remain in delusion that you are owner . You are just tenant

5) After your death tenancy transfer to your legal heir or close relative who reside or occupy that premises

6) Most imp. thing if you have any other premises like shop and if land lord or his legal heir (after land lord death) takes steps to evacuate you in small cause court then they may succeed if you are not using the premises for 6 months, subletting , etc.


7) So Most imp. thing this Pagadi system is nothing but tenancy created under the provision of Maharashtra Rent Control Act. Please remove all your local usage from mind
Raj Kumar Makkad (Expert) 10 September 2016
I endorse the wise advice of expert Madhu,
naresh (Querist) 12 September 2016
sir
can i enter any condition so that at any point of time i can sub let without permission of landloard
Guest (Expert) 12 September 2016
Such condition will be contradictory to law and not maintainable in Court.
Rajendra K Goyal (Expert) 21 September 2016
Well advised, agree with the expert Madhu.
naresh (Querist) 27 September 2016
Sir
How to know or ascertain that person entering into tenancy agreement from landlord side have the registered power in his name and what if he doesn't have registered power
naresh (Querist) 27 September 2016
Sir
How to know or ascertain that person entering into tenancy agreement from landlord side have the registered power in his name and what if he doesn't have registered power
Rajendra K Goyal (Expert) 27 September 2016
ask for the copy of related documents.
Guest (Expert) 27 September 2016
Title search has to be done by Advocate who is good in property law , Property law and title search this is big field and volumes can be written on it .

So better search Adv. who can help in verifying title of property in detail.

Generally you need to collect all papers from Land records to every thing it is gigantic task

Rajendra K Goyal (Expert) 28 September 2016
Ask documents from landlord and get report on title search from your lawyer.
Raj Kumar Makkad (Expert) 28 September 2016
If power is registered in the office of local registrar, it can easily be ascertained from the office of local registrar.
Rajendra K Goyal (Expert) 28 September 2016
Repeated :

http://www.lawyersclubindia.com/experts/Pagadi-system--617941.asp
Raj Kumar Makkad (Expert) 28 September 2016
Why to repeat the similar query again and again?


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