Landlord not letting sell pagdi room

Zehra (Querist) 07 November 2024 This query is : Resolved
The house has been my family heritage under our name since past 70-80 years, we want to sell it now but the landlord is not meeting us to sell the house, we are ready to give 33% to the landlord, but he is denying that he does not want to sell the house. Is there any other way to sell the house legally?
Its a pagdi system room, also the landlord has firmly said not to contact him for selling the house as he does not want to purchase it nor he wants to sell it to a new tenant.

Please suggest some legal ways to sell the house

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You're looking to sell a family property held under the Pagdi system, but the landlord is refusing to cooperate, even with a 33% offer. While the Pagdi system grants tenants co-ownership rights and the ability to sell, it typically requires the landlord's consent and a share of the sale proceeds (often 30-50%). Without mutual agreement, legally compelling the landlord to sell or buy is difficult, and documentation can be scarce. It's advisable to seek legal counsel to navigate the specific norms in your state and explore options for transferring tenancy rights through proper documentation, potentially without the landlord's direct involvement in the sale itself but adhering to the agreed profit sharing.

kavksatyanarayana (Expert) 07 November 2024
Tenants have certain rights over the property but not the property's land. The tenant has the right to sell the property upon mutual agreement with the property owner, and he/she must share a certain part of the profit with the original owner, i.e., the property owner. So the owner can also execute the document with the tenant.

Sudhir Kumar, Advocate (Expert) 08 November 2024
vague.

T. Kalaiselvan, Advocate (Expert) 08 November 2024
a tenant can sell a property under the Pagdi system, but they must share a percentage of the sale proceeds with the landlord:
Tenant keeps the remaining amount after giving the landlord 30–50% of the sale proceeds.
The Pagdi system is a rental system where the tenant becomes a co-owner of the property, but not the land. The tenant pays a lump sum fee to the landlord, but the rent they pay remains low. The Pagdi system is often carried out with verbal agreements and there is little documentation, which can make the sale process quick and easy.
Presently you may transfer the Pagdi rights to the new Tenant via a proper documentation and consent of the Land-Lord

P. Venu

(Expert) 08 November 2024
To my understanding, Landlord's consent is not required, but you need to remit the specified amount to the landlord in in accordance with the extant norms in the State/locality.

Dr. J C Vashista (Expert) 09 November 2024
Although the Pagdi system is a widely prevalent rental model in India, it is slightly different from the typical renting arrangement. The tenant here is also the co-owner of the property and pays a nominal rent, compared to the general ‘ask’ rates in the market. Besides, the tenant also enjoys additional rights of sub-letting and selling the property.
In pugdi system your relationship with the titleholder is tenant and landlord where you have no right to sell the property during tenancy period. Besides this, you cannot compel (legally) landlord / titleholder to sell or purchase the demised premises without consent and permission of titleholder within specified period.

Isaac Gabriel (Expert) 09 November 2024
The tenant cannot claim right on the rented property while the areement is in vougue.Also he cannot attempt to sell the tenance without your consent.Pagadi is a hypothetical one and has no legal rightto be enforced in law.

T. Kalaiselvan, Advocate (Expert) 10 November 2024
A tenant under the Pagdi system has several rights, including:
Co-ownership:The tenant is a co-owner of the property, but not the land.
Subletting:The tenant can sublet the property, but they must share the rental income with the landlord.
Selling:The tenant can sell the property, but they must share the sale proceeds with the landlord. The landlord usually receives 30–50% of the sale proceeds.
Redevelopment:If the property is redeveloped, the tenant is entitled to a minimum of 300 sq ft and a maximum of 1,292 sq ft for free. If the tenant needs more space, they must pay for the construction cost.
Transfer of tenancy:When a tenant dies, their tenancy rights can only be transferred to their legal heirs. The legal heir must provide evidence that they were staying with the deceased tenant.

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