Sunil Pandya (Individual) 15 April 2024

Redevelopment of chawl on old pagdi basis

I am staying at Malad Mumbai in two storeyed Chawl which is on Pagdi basis originally Bought by My father in year 1959.

There are fifteen double room, in two storeyed chawl. All room are on pagdi basis. Very recently we came to know that this chawl are actually insane property and land lady who expired sometimes in 70's had not nominated any of his son and daughter and also not made any will.

Now we room owner wish to redevelop this building. How we can develop this building? who are current owner? This two storyed building have 35.10 square meter land and have FSI also.. Who owns the FSI? I mean to say can we room owner claim entire property which include land, old building structure and FSI?

Request to give us legal advise to redevlop the same.

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2 Replies

P. Venu (Advocate) 15 April 2024

What do you mean by "this chawl are actually insane property"

On the demise of the landlady, the property is vested with her legal heirs. Development and reconstruction of the property requires their active concurrence.

T. Kalaiselvan, Advocate (Advocate) 15 April 2024

Even though it is a pagdi system property, the legal heirs of the decesed owner are having rights for their legitimate share in the property, hence they are to be included in the development agreement.

Under the Pagdi system, tenants have certain rights and protections, and the landlord typically cannot redevelop the property without the consent of the tenants.

The state government of Mumbai is planning to introduce uniform rules to extend benefits to all citizens when their buildings are redeveloped. This includes ensuring a minimum area of 300 square feet for all residents, even those with smaller flats