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pagadi system

(Querist) 07 June 2011 This query is : Resolved 
1.1. If anybody is living in a room that is on pagadi system and wants to rent it to other person, is it necessary to give money to building owner and how much money should be given to him...Should we ask of receipt of that particular amount from building owner..
2. While selling room, how much % should be given to building owner in pagadi system.
3. If suppose there is ceiling collapse in room and how percentage of expenses should room owner ask from building owner...
4. We are paying our rent to building owner.. but on rent receipt..the name of original owner is there , but signature is done by his son above ---vasool karnaryachi sahi... .So is it legal to accept such type of rent receipt.
R.Ramachandran (Expert) 08 June 2011
Dear Yashashri,
If you have rented premises on pagadi system, unless there is provision in the agreement permitting you to sub-let the premises, I am afraid you cannot give the premises on rent to any other person.
As regards the other queries, it would be better for you to approach a lawyer in Mumbai (since pagadi system is quite peculiar to Mumbai) and consult him.
Raj Kumar Makkad (Expert) 08 June 2011
Pagadi system is just an adjustment and understanding and not legal recognition by law. No person can become legally owner of room etc. under pagadi system rather he can secure his possession as per agreement and can also claim his percentage as mentioned therein. There is no straight jacket formula to decide such shares.

Son of a party unless otherwise given specific permission and power cannot sign on behalf of that party as such no such signature has value before eyes of law.


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