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I would need to know the pagadi system law

(Querist) 02 January 2012 This query is : Resolved 
Hi This is Rahul here from mumbai. we own a house which is in pagadi system. in july 2010 we shifted to thane to our new home and since then my uncle is staying in our house which in in girgaon (which is in pagdi system). Now our landlord is saying that you can not keep your house empty for more than 6 months and if you do so your house will be considered as illegal property. dear sir please let mek now is there any law as he is saying and if yes then what i can do to get out of this.

Regards
Rahul Kardekar
V R SHROFF (Expert) 02 January 2012
RAHUL,
LANDLORD CAN EVICT YOU, FOR YOU ARE NOT IN NEED OF THAT HOUSE ANY MORE;
If you are sure, you cannot use it any more, get the tenancy rights transfer on somebody paying 40% to landlord, or surrender the premises to Landlord, who will pay you handsome , whatever mkt value there @60%,
or let any of your blood relative reside there till it goes for re-development
prabhakar singh (Expert) 03 January 2012
Mr.V R SHROFF is from mumbai and has guided you best path to go with.
Rahul (Querist) 03 January 2012
Dear Shroff Sir

Thanks a lot for your valuable guidance. I wanted to tell you sir that my uncle (blood relation) is staying there for more than 1 year since when we shifted to new house but still my landlord is forcing me to leave that house, and when we were shifting to new house i had asked my landlord that can i rent my house that time he asked me to pay 4 rents to him per year. so now if he agrees for settlement how many percent i will have to pay him from the total rent amount. OR if my uncle continues to stay there then will my landlord be able to evict me.

kindly guide me on this.

Thanking you

Rahul R. Kardekar.
ajay sethi (Expert) 03 January 2012
if you alredy have alternative accomodation in your name the landlord would be justifed in asking you to vacate the premises .

you cannot rent your tenated premises without prior consent of landlord . he is the owner of the premises .

the best option for you is to sell off the tenanted premises . find a buyer . you will get to keep around 67%6of net sale proceeds and landlord will take 33%.

in the alternative surrender premises to landlord .
V R SHROFF (Expert) 03 January 2012
sAB, ABHI 1/3 KA JAMANA GAYA, LANDLORD DEMAND 50-50

THEY GER CR PER TENAMENTS [MIN AREA EVEN FOR 10X10 ROOM, A FLAT , ON REDEVELOPMENT.
Rahul (Querist) 03 January 2012
Dear Sir

as u said any of my blood relative can reside there till redevelopment, my real uncle is staying there since last 1 year so still can my landlord evict me forcefully.

What if i dont want to give that property on rent can i ask my blood relative to reside there, will my landlord be able to evict me after this.

Rahul



V R SHROFF (Expert) 03 January 2012
Dear Rahul,

First decide your objective

: WHAT YOU WANT, MONEY OR PREMISES.

We have means and ways to get whatever you want.
Rahul (Querist) 03 January 2012
Dear Sir

I want my premises but...

I will tell you in brief, there are 3 members in my family my mom dad and myself, my dad is heart patient and doctor had advice us to take him to place where less pollution is there so we shifted to thane in july 2010, but since that day my real uncle (blood relative) is staying there in my old house.

Now we can ask my real uncle (blood relative)to be there till redevelopment but my landlord is forcing me saying its against law your uncle even if he is your real uncle (blood relative) cannot stay there, only you or your mom or dad can stay there else your premises will be considered as a illegal premises.

so now my question is if my landlord doesn't allow me to rent that premises to someone else and forces me to stay there then can my real uncle (blood relative) stay there on behalf of me or my mom and dad as he is my blood relative, and if yes then after this can my landlord evict me from that premises by filing a case on me in court.

kindly guide me on this sir, hope now its almost clear to you.

Regards
Rahul


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