Pagdi system
Pinaki Debnath
(Querist) 26 June 2012
This query is : Resolved
Dear Sir,
I have a gala in Mumbai, it was taken on rent by my father 40yrs back from a landlord. The landlord died 15-18 yrs back. His children's, started coming after the death of the landlord. The children's are having disputes among them self. We all the tenants have stopped giving rent to the children, because if we give to one children the other comes and abuse us and tell us not to give rent to the other. Thus we have stopped giving rent for last 15yrs. Now some of the tenants are in bad financial state. they want to give on rent. Can they give or can they sell the property? Please advise
bhagwat patil
(Expert) 27 June 2012
As soon as the owner stopped taking the rent and the tenant unable to pay the rent and continued to possess the property you have dual type of protection as you are in possession more than 12 year first as adverse possession secondly protected tenant. you cannot rent without completing plea of factum of possession,owner cannot rent out,owner can sale without possession only symbolic title.
