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kale sachin dattraya (Srvice)     31 August 2014

Pagdi flat vacate

Dear Sir I am having one PAGDI flat in central Mumbai , staying there since last 52 years. The flat is in my name , I have good offer to relocate to UK for 3 to 4 years. I am planing to relocate with my family, If I do so , Can the landlord claim the flat back as it is vacant ? Is there any precaution i should take before I go ( like coming every 6 months back for 2 - 3 weeks, etc). May I request you to pls advise with solution KS


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 3 Replies

Dr J C Vashista (Advocate)     31 August 2014

Pagri amount, non-refundable, is one time payment of agreed amount to be paid to landlord by prespective tenant, which do not create any title, claim or right in the demised premises. Legally you are a tenant establishing landlord tennat relationship.

It depends upon the covenants of the Lease & Licence Agreement, which are to be perused before forming an opinion and advise. 

kale sachin dattraya (Srvice)     31 August 2014

Dear Dr J C Vashistha , thanks for your prompt reply. Appreciate it. Flat is as per Pagdi law of Maharashtra, From your response , unable to determine whether there is any risk If the premises is left vacant for few years , If yes , what is the precaution to be taken ? thanks in advance. SK

T. Kalaiselvan, Advocate (Advocate)     04 September 2014

Do not vacate the pagadi flat and keep it locked for a very long period, initially, once relocated to UK, make a trip to India, stay in the flat for 2 to 3 weeks, and create an impression as if you are going to stay there in the flat permanently. Do not divulge any information about your resettlement in UK to any one including your close and confident neighbours. You keep paying the rent to your landlord as usual, do not make any default in rental payment. Never say to anyone that you are relocating to UK permanently, this is the way you can retain your flat, or if you have any one very closely related to you, the flat may be given to him on an unofficial subletting or sell your pagadi rights to any prospectus buyer and forget the flat thereafter.

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