Can tenants in pagdi system apply for ownership
Vaibhav Gurav
(Querist) 20 June 2021
This query is : Resolved
We stay in 3 storeyed bldg in South Mumbai, for more the 50 years. Originally this bldg was built on a plot that had a chawl on a land of Mr X. Mr X in turn sold this land to Mr. Y who assigned a builder to redevelop the land by building 2 structures 1 for the chawl residents ( 3 floor* 4 room) and other for sale (9 floor * 2 flats). Making a agreement with the original resident for their accommodation and naming the so formed society as the caretaker of these tenants.
Lately the society has stop taking rent (last 5 years) from the tenants, also the tenants have themselves renovated their bldg after doing a complete structural audit and other necessary procedures which was required, as the society did not respond to their plea for doing the same.
Also there are various other concerns and hassles the tenants are facing. That is the property card does not have any details of transfer of ownership of the land...current status of landlord?.
Hence if they have to do it all by themself can they proceed or ownership procedure in case of non clarity of land title.
If Yes can someone please guide... If no what are the alternative
P. Venu
(Expert) 20 June 2021
Who are the members of the Society? Is it registered?
Vaibhav Gurav
(Querist) 20 June 2021
Members of the society are only residents from the other bldg... and yes it is registered?
Isaac Gabriel
(Expert) 20 June 2021
Wherher the taxes have been paid? You can apply for declatation .Consult lawyer
kavksatyanarayana
(Expert) 20 June 2021
Mr. X sold the land to Y. So Y is the owner. File a complaint to the RERA and MHADA.
Vaibhav Gurav
(Querist) 20 June 2021
@kavksatyanarayana sir but in every written communication that the society does with the tenants it does mention itself "as your landlord" also the property card does not have any property records.
@Isaac Gabriel Sir, yes the assessment and other taxes have been paid but the tenants are unclear as till what period it has been paid.. they even tried communicating with the assessment commision department to acquire the said information but no response from them as well, also it is known that 2 seperate assessment bills are generated for both the buildings so situation for tenants is very unclear even though they have the intent of paying the same if needed.
Dr J C Vashista
(Expert) 21 June 2021
A tenant shall remain always a tenant and can not step into the shoes of landlord (Y in instant case).
Property tax is liability of landlord and not of tenants, however, it does not confer / confirm title of owner/ landlord.
Society stated to have been formed is just to put collective pressure on the landlord, which do not have any teeth to punish for illegal / invalid action(s) of landlord (Y) for which the tenants have to move to competent/ jurisdictional Court of Rent Controller / Civil Judge.
It is advisable to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.
Vaibhav Gurav
(Querist) 21 June 2021
@Dr J C Vashista thank you & noted.
P. Venu
(Expert) 21 June 2021
Your clarification only confuses the facts. How could the Society be the landlord the owner? This is rather an impossible position and the narration lacks coherence.
ashok kumar singh
(Expert) 22 June 2021
agreed with views of earlier experts, therefore no further comments so far.
thanks
Vaibhav Gurav
(Querist) 22 June 2021
Thanks to all the experts for their views
T. Kalaiselvan, Advocate
(Expert) 22 June 2021
In this pagdi system of property the land was transferred from X to Y while the tenants remained in the same place as tenants.
The tenants, on redevelopment of the building, shall become the owners of the flats as per the agreement and conditions of the redevelopment project.
You may first check this aspect and also the conditions of the redevelopment agreement that governs this situation.
If the builder allotted the flats to the tenants then the society is not a care taker of the tenants, the society will be considered as a body to protect the interests of the owners/members of the association.
Hence you may throw some more light on the points raised so that more proper opinions can be rendered by many experts of this form.
Dr J C Vashista
(Expert) 22 June 2021
Thank you very much for understanding and appreciation.
