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Regarding pagadi system

(Querist) 08 May 2012 This query is : Resolved 
Hello Sir/Madam,

My family is staying in pagdi system house. We have rasion card, MTNL fone on my father's name. But Rent receipt is not on his name. It is on some maternal uncle's name. We are staying in this house since 32 yrs and paying the rent on time. 5 months back landloard(3 brothers) said that they cant accept the resnt until rent receipt is transfered on my father's name. So they stopped accepting rent from us. and rent receipt name change they are asking some amount. Intially they were asking for 1/3 amout of property. but after that we negotiated on some reasonable amount. We collected that much money. now the landloard is postponing the things giving hundreds of reasons. Sometimes he says other 2 brothers not agreeing on this amount etc etc. we can not give him more money and he is not accepting the rent also. Please tell me what are the risks invloved in this case? Can he throw us out of that house by sayong we have not paid rent from 6 months? How to handle this situation? we are really upset. My father is old and he doent have any source of income. I am married daughter. I also have certain limitations. what can be done in this case? And the thing is what landlord is demanding is not reasonable and not worth for that house. please guide me
ajay sethi (Expert) 08 May 2012
when did your maternal uncle die? have you made application in writing for transfer of rent receipts?

if he is refusing to accept rent send him letter by registered post ad pointing out that you are willing to pay rent but he is refusinfg to accept the same .

contact a local lawyer .

he cannot throw you out if you are staying there for last 32 years without follwing due process of law
vidullata (Querist) 08 May 2012
Thank you Ajay sir for your response.
He is my mother's maternal uncle and is still alive. 32 years back he gave that house to my parents as they were new to mumbai. He is very old and stays at our native place. few years back he has given small hand-written letter saying No objection that we are staying there. Even landloard never asked any money for rent receipt name transfer. Landord kept saying that if these houses go for redevelopment then u will get house on your name only. Later on landloard died. His 3 sons are now demanding money from us. Many builders had come for redevelopment but nothing worked out and same pagdi system continues. Anyways maternal uncle's handwritten letter is useful to us to prove that we are staying under no objection? few months back he had called up to one of landlord's son also to convey that he does not have any objection. But no other proofs with us. we have rasion card on that adress. MTNL bill also on same address. My Passport also on same address.
Shonee Kapoor (Expert) 09 May 2012
You can not be thrown out. It is just a pressure tactics to get some money out of you.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shashikant V. Patil (Expert) 09 May 2012
Yes, they can not evict you from that house.


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