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Redevelopment of a pagdi system building

(Querist) 17 May 2018 This query is : Resolved 
We reside in an old pagdi system building.The building is 60 years old. Our landlord does not want to redevelop the building as he is the owner and the building is a pagdi system,he always gives excuses about his family problems and the various cases on building which might be false. We being the tenants in a pagdi system cannot even sell the property ,please give Ur opinions to help us out of the problem
Harsh Alkesh Shah (Querist) 17 May 2018
Please give us opinions to help us out of this problems
Kishor Mehta (Expert) 18 May 2018
You are a tenant and are protected as such as far as rights of residence are concerned, landlord can be requested to repair the building however he can not be forced to reconstruct or redevelop the building, neither can a tenant transfer his tenancy rights without the consent of the landlord. Instead of entering into any legal procedure, It will be advisable to come to a mutual understanding with the landlord for the redevelopment in the interests of all the tenants.
T. Kalaiselvan, Advocate (Expert) 19 May 2018
For redevelopment of tenancy properties, there are three parties between which the agreement for redevelopment is done
(1) Owner;
(2) Tenant;
(3) Builder/developer and all other processes are the same as the redevelopment of a co-operative housing society.

Here, the landlord of the property has full right over the sale of the land because of the records of the property i.e. 7/12 extracts and property papers, so the landlord makes the deal with the developer/builder accordingly and the landlord takes the profit out of the property on a permanent basis and the tenants who are in possession of the said room/flat after redevelopment, become the sole owners of the said room/flat. The rights of the landlord ceases, no rent or any kind of receipt is claimed by the landlord or any other agencies.

No doubt the tenants are protected under tenancy rights, they cannot put pressure on the landlord for redevelopment.

Even the pagdi property tenants association cannot put pressure on the owner but it can certainly put pressure on the landlord to renovate the dilapidated buildings or structures.

Ms.Usha Kapoor (Expert) 19 May 2018
I concur with T. Kalaiselvan Advocate(Expert). There is nothing more to say.
Hemant Agarwal (Expert) 01 June 2018
1. IF the 60 year old pagdi system building is in Mumbai jurisdiction, THEN file a written complaint to the BMC office (to the Designated Officer) and inform him that the Land-Lord may be directed to conduct Structural Audit of the 60 year old building.

2. IF the Structural Audit report is favourable, THEN the ball can be strategically set to roll for redevelopment, irrespective of whether the LandLord likes it or not likes it.

3. IF there are more than 10 Tenants, THEN form a RWA or a Society and proceed from there.

Keep Smiling .... Hemant Agarwal


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