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pankaj (jewellery)     02 January 2010

property on pagri system

 I have four shopes which is given on pagri system .Is there be any rule to buy these shopes completely from shop owner without their concern .



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 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 January 2010

It depends upon mutual understanding or agreement. There is no prescribed hard and fast rule in this regard.

SURENDRA KUMAR RAKHECHA (PRACTISING CA)     02 January 2010

Without the owner's consent you cannot buy them.

Put yourself into the shoes of owner and you will understand the logic.

I think you know very well about the rights of the owner that is why you wish to be an owner.

Can you imagine a situation when someone will adopt the same way when you are owner of such shops.

 

SURENDRA KUMAR RAKHECHA (PRACTISING CA)     02 January 2010

The matter was wrongly understood.  Please reverse the situation. Nobody can touch your rights till you wish.

pankaj (jewellery)     03 January 2010

 thanks for your reply but sir i purchase the whole apartement where these shopes r there and also these shopes(but these r on pagri system) now i want to construct market there and that,s why i need their shopes also i m ready to pay them fair money for their shopes but still they r denied to sale or even buy from me by giving fair amount of money to me ..that,s why i m asking can i do something legal from which these shopkeepers will have to leave the shop.

SURENDRA KUMAR RAKHECHA (PRACTISING CA)     03 January 2010

Pagri system is like Tenancy Rights.

If due to any reason the old construction is demolished (the reason should be natural calamity, fire etc.); tenancy rights goes off.

Because tenancy rights are on the basis of present construction.

When there is no property then tenancy rights are also over.

If it is not done; mutual understanding is a must for taking possession from the tenant as suggested by Sh. Raj Kumar Makkad.


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