Status of garage in padgadi system

Querist : Anonymous (Querist) 16 August 2024 This query is : Resolved
I am a tenant in building in Mumbai grigaum400004 under Pagdi system since 2105. I purchased a commercial unit, (in old record of 2003 it was a Garage ) . Electricity supply is also commercial. I also have Shop & Establishment registration of above premises. tenant before me was also using as office . i have sublease the unit without any permission.
In 2022 landlord sold the property and new landlord is redeveloping the same What are my rights as Commercial property or as a Garage in the redevelopment & what am I entitled to get.

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Quick Summary

As a tenant under the Pagdi system in Mumbai, you have rights concerning your commercial unit, previously recorded as a garage, during property redevelopment. The Pagdi system, legalised under the Maharashtra Rent Control Act, 1999, grants tenants occupancy rights, and you are considered a partial owner of the structure. You retain rights in the redeveloped property, though the exact extent depends on a review of your specific documentation and circumstances.

T. Kalaiselvan, Advocate (Expert) 16 August 2024
You have to first ascertain that you are the pagdi tenant of the garage.
Then only you can take legal action against possible eviction by landlord.
The Pagdi system, a distinctive form of tenancy in India, operates on a unique premise where the tenant becomes a partial owner of the property, excluding the land. Under this arrangement, the tenant pays rent to the landlord, maintaining occupancy rights unless subletting the premises.
It is a legalised form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999.
According to
Section 56 of the Rent Control Act, 1999
, the consideration paid to the landlord as a fine, premium, or consideration (Pagdi) was legalised.
The landlord can not seek eviction from his tenant by his will or choice but in case of any default, the landlord can demand for eviction, for instance, in the case of failure of rent.

P. Venu (Expert) 18 August 2024
Yes, you have subsisting right and interest in the prospective redeveloped structure. any suggestion as to the extent of rights require that the documents be perused and issues discussed.

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