Vacate tenants under pagadi system
Vinayak
(Querist) 31 May 2016
This query is : Resolved
Sir We have 7 apartments in mumbai which are given for rent since years, building is 70 years old , all apartments are occupied by tenants, rent is as low as 350rs , can we vacate tenants now , building is name of grandgather , we have share of 1 apartment if we divide building among children of grandfather
Vinayak
(Querist) 31 May 2016
Pls advice on vacating tenants who are under pagadi system
Kappil Cchandna
(Expert) 01 June 2016
Sir,
Serve them a legal notice initially that's the best option you have at this stage.
Warm Regards
Kapil Chandna Advocate
9899011450
Guest
(Expert) 01 June 2016
This matter comes under provision of Maharashtra Rent Control Act 1999
(If other acts don't applies)
Generally only two - three sub section are useful from land lord point of view , remaining are useless
1) Non Use for more than six months without reasonable cause
2) Bona fide requirement of Land lord or his family (Dependent)
3) If tenant have alternate accommodation (This provision is not in law but Land lord can depend upon it and then show his personal requirement)
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Before initiating procedure better also see to it that you do name up gradation else tenant advocate can waste your time in court by telling you are not landlord etc.
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Matter goes in Small cause court in Mumbai
Dr J C Vashista
(Expert) 03 June 2016
Get the tenancy determined and file petition for eviction in terms of (best suiting in your case/circumstances) provisions of Maharashtra Rent Control Act through a local lawyer.
Vinayak
(Querist) 26 June 2016
Thank you sirs, for your advices,
There are 7 apartments , but all are in my grandfather name , my mom is one among 7 children , it means we have a share of 1 apartment , there are 6 more share holders , how can i go forward alone , how can i vacate one tenant and claim its my apartment
