Pagdi system
Anand Roy
(Querist) 26 March 2014
This query is : Resolved
Respected Experts
Kindly Help for following
We hv a property (1Rk) in mumbai on pagdi system. Our old landlord hs sold off the property to another builder, along with our building he has buyed 3 more buildings around our building same of pagdi system. Presently our building is in very bad and dangerous state to live, there are in total 36 tenants out of which only 11 are presently staying there. Along with these 36 tenants there are some 7 commercial people who hd done sm mutual
understanding with our previous landlord and are presently using additional ground provided on back side of our building by constructing godown and 2 or 3 are among these 36 tenants who are commercially using their property since many years.
There are notices coming every now and then from BMC to vacant the building immediately after this new landlord has come, still some are residing there in same condition.
Now these 7 commercial users whose names are not included in these 36 tenant list are asking us to sign the agreement (given by our new landlord) to protect our tenancy rights in the said building.
The new landlord is not even collecting rent for the said rooms since the time he has buyed our building that is from 2.5 years, but all of us keep sending cheques or dd or hand delivery in their off or by registered post etc. for same, when asked in meeting about rent he does not give us exact clarification for why he is not collecting rent from us.
Our new landloard has given us an offer in which he would be paying us a lumsum amount for which we wont have to pay him 33% of that amount against the flat. But that is only if we sell the flat to him other than that if we sell the flat to someone else then we will have to pay 33% of transfer money to him.
Presently sm time back there were some news stating we can protect our tenancy rights with BMC by which BMC provides us Certificate of tenancy rights after cross verifying area, right of ownership and some other things (For which we do not have complete information).
Our new landlord is saying he wants to do redevelopment in the same place and will be providing us same sq ft area and in the agreement there are lot other things that are being mentioned for eg he has got all the rights after we sign the agreement for if he wants to sell the said property or give it to some other builder for redevelopment. He is not ready to give any info as in how much time it would take to redevelop or to obtain IOD and CC from government. He further adds once he receives all approvals from government then only he will start redevelopment and start paying us rent (That we understand). But the things that he and other commercial people whose names are not included in tenant list are asking us to sign the agreement earliest as to prove our and their tenancy rights.
We want to know if the building collapses and we have not signed the agreement or hv taken certificate from BMC (Which also is a big task to obtain from BMC) will our tenancy rights be reserved or we should sign the agreement and prove our tenancy rights with BMC's new rule that has recently come up or sign the agreement with new landlord.
Also for the whole scene we need suggestion as in should we stay back for the whole process and sign the agreement for which we don't know how much time it would take for the process or take the money that our new landlord is offering and forget about redevelopment.
ajay sethi
(Expert) 27 March 2014
i had already advised you when you sent me an email it is necessary to go through agreement forwarded by landlord to advice .it is better you consult a local lawyer
Anand Roy
(Querist) 27 March 2014
Sir i already fwded you agreement copy, and tenants are searching for lawer to consult but still i thought if i can get some information through this portal that can be an added input.
There is not much unity among tenants thats the main problem we are facing and also tenants are not ready to contribute much to appoint a lawyer.
So if you can provide some information or some light on how to go ahead in this situation that would b of great help, i know providing free information is difficult still trying for same.
ajay sethi
(Expert) 27 March 2014
if tenants are not willing to contribute for legal guidance they would be the losers . if they cannot afford legal fees and lengthy legal battle accept landlord offer
