Redevelopment of building - pagdi system flat
sagar
(Querist) 04 August 2013
This query is : Resolved
Hi everyone
I own a Pagadi system flat in Mumbai since 1995. We never had any legal agreement/sale deed of the purchased flat. Ration card, electricity bill and all other documents are on this address. In early 2000, the landlord of the building died leaving many of his daughters and sons as his legal heirs. After few years one of the daughters approached the tenants as the land lord/lady and asked the tenants for rent but she was not able to provide any proofs of being the land lord/lady so none of the tenants entertained her. After few years the tenants learned that she had sold the property to someone else but the new landlord did not approached the tenants and we learned that he died in 2009, before his death he had sold the building property to another person.
In the meantime, the tenants of the buildings tried to form a society but the efforts did not make much inroads due to differences between the tenants. At last we had 70% of the tenants in favour of forming a society. The proposed society has been working for a long time now looking after maintenance, electricity and municipal bills. Although in 2010, the proposed society found out the name of the Land Lord in the property card. The proposed society has since tried to contact the Landlord several times but he refuses to show-up or take notice of the building. Currently, the building’s condition is not that great and is in need of repairs / redevelopment and Land Lord does not want to repair or consider redevelopment, the tenants are giving rent to proposed society and have not given rent to the Landlord as he has not once contacted the tenants
Please answer the below questions
1.Is there a way to redevelop the building property without Landlord’s NOC?
2.What things should the tenants be careful of or need to consider while they prepare to repair the building through MHADA or privately?
3.Is there any way to make the Land Lord take interest in building affairs?
4.If I want to sell my flat, can I do it without the Land Lords consent? And if yes , then what is the process?
ajay sethi
(Expert) 04 August 2013
for redevelopment of society you need landlord consent for carrying out repairs you need landlord consent . you cannot sell the flat without landlord consent .
send the rent to landlord by regd post AD . if he does not accept the rent it is landlord funeral .
Adv Archana Deshmukh
(Expert) 04 August 2013
You cannot go for redevelopment of the building without the written consent of the landlord nor can carry out major repairs without his consent.
