Redevelopment of building under pagadi system


Hi,

I have a 300 sq. ft. home in a building pagadi system & we are total 18 tenants in the building which is of 2 floors.The tenancy was in my father's name since 1970's but since my father passed away in early late 90's the landlord asked to transfer the tenancy on my mother's name by preparing a new agreement. this agreement was made around 2005. this agreement included below points which we signed

1. if landlord wish to revedevelop building, we have to accept it & accept a home in newly developed building on any place & with a similar builtup area

2. During redevelopment we have to accomodate ourselves elsewhere on our own expenses for a minimum period of 2 yrs of as time required to built it


some more tenants e.g around 6 (whose parents passed away) also entered into agreement as above

now recently  when we approached landlord to pay due rent, landlord asked to prepare a new agreement by which we will be the owners of the home in redeveloped bldng with below clauses

1. same as above point 1 & point 2

2. we will be given similar builtup area (same carpet area in redeveloped new home) however due to construction constraints, if it gets increases e.g say by 50 or 100 ft then we need to pay amt for this 50-100 ft as per market rate.

3. if we need a bigger home, we need to pay  for extra space as per market rate

I have below questions

1. though we & more 6 tenants are under agreement made in 2005 but as per law can we get more space if rest 11 tenantsdo not have any agreement as they are living since 1960's & are very old & have tenancy in their name. As per above clause they will never accomodate themselves on their own expenses because they dont have such agreement itself & neither they can afford & they will not accept such negotitation with landlord. They may also demand for bigger home. My father had his tenancy earlier than such old tenants but since he passed away, we had to enter into agreement in 2005 with above clauses, would it be bounding to us to stay on 2 years or more on self expenses or is there any law which will force landlord to give us money to accomodate untill redevelopment completes. Similarly can we get bigger area if others also get it. We are fine with what others are getting but should not happen like they get bigger home than us.

2. if landlord give money to other tenants to accomodate themselves but not to us (7) as per clause in agreement, then can we fight for it

3. landlord says he will provide expenses after 2 years however he cannot give in writing. He says it is bounding as per court so he has to but again he cannot give in writing.

4. landlord says that 3 months before redevelopment on notice from him/builder, we have to vacate our premises. How to handle this. e.g he may say that first you vacate as others are also given notice  & then says we need you to vacate home first to setup our place as for office work or store materials & if we do it later he may hold redevelopment & give our home to someone else on rent. Asking this as a possibility

he is not accepting due rent untill we accept this new agreement & if we dont accept this agreement he will say you have to face dire consequences of his action to harass us. pls guide abt this & can we prepare the new agreement or not or what is advisable.

 
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Hi,

I have two sisters and both are married to NRI's and dont live in Mumbai any more my mother passed away and I was living alone in the property in Mumbai Central my building went under redevelopment and was asked to give my consent but the property was still in the name of my father the builder agreed to transfer the property in my name and gave me a few rent receipts in my name and the contract at old custom house was done in my name. After which even I migrated abroad. Now I do get the rent but I am still a Indian Citizen.

Could there be any intervention from my sisters once I get the possion of the property as they did send the builder an email about their rights. 

I do have a whill from my parents which clearly states that the property is to be given to me but I have not filled for a succession certificate.

Can my sister claim for their rights in the property?

 

cheers,

Harmeet

 
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THe father in whose name the property was passed away long before my mother passed away

 
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Hi there
I need a legal advice on the below point
I am residing in a Pagadi system flat, 2 RK, the property is in dispute by 2 landlord, their title issue battle is in already in High court and no solution yet
now one of the tenant has approached the small causes court and took an order stating that landlord 1 is the owner of the tenant and should continue to pay rent to this landlord however the title will not be decided by this court.
Other tenants have approached 2 and are planning to go for redevelopment and have signed Mou and Agrement.
We are confused since majority is on one side and order copy is with 1 tenant only who is on other side
Q1) As tenant what can be done.
Q2) Can the landlord2 redevelop even if the case is pending in higher court just by the majority of the tenants?
Q3) Does landlord 1 has any development right even if the order is from smaller court and not challanged?
Q4) If the building is gone for redevelopment can it be stayed?

 
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Fasing Same issu can you share reply received by you ar any feed back 

 
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Hi, I want to purchase  300 sq. ft. home in a building pagadi system in tency agreement our landloard putting below close 1] you have to pay construction cost to builder  when buildng is going to for redeveloped & also builder can not pay any acoomodation rent, we have to accomodate ourselves elsewhere on our own expenses duering construction timing
 2. as per law can we get more space  ?

He is not Giving agreemnet copy to us , is agreement copy has a value agints  maharastra tenecy law?

other tenants do not have any agreement as they are living since 1960's & are very old & have tenancy in their name. As per above clause they will never accomodate themselves on their own expenses because they dont have such agreement itself & neither they can afford & they will not accept such negotitation with landlord. They may also demand for bigger home.

would it be bounding to us to stay on 2 years or more on self expenses or is there any law which will force landlord to give us money to accomodate untill redevelopment completes. Similarly can we get bigger area if others also get it. We are fine with what others are getting but should not happen like they get bigger home than us. 2. if landlord give money to other tenants to accomodate themselves but not to us (7) as per clause in agreement, then can we fight for it 3. landlord says he will provide expenses after 2 years however he cannot give in writing. He says it is bounding as per court so he has to but again he cannot give in writing. 4. landlord says that 3 months before redevelopment on notice from him/builder, we have to vacate our premises. How to handle this. e.g he may say that first you vacate as others are also given notice  & then says we need you to vacate home first to setup our place as for office work or store materials & if we do it later he may hold redevelopment & give our home to someone else on rent. Asking this as a possibility he is not accepting due rent untill we accept this new agreement & if we dont accept this agreement he will say you have to face dire consequences of his action to harass us. pls guide abt this & can we prepare the new agreement or not or what is advisable.

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