Pagdi system - bulider claiming property belongs to him
Rajesh Sharma
(Querist) 07 July 2014
This query is : Resolved
Hello Respected Experts,
I live in a Bungalow in Bandra, Mumbai under the Pagdi system. The house is in the name of my paternal grandmother.
The Bungalow is divided into two - the upstairs being occupied by one family and the downstairs by my family.
About 6 years ago a very powerful builder has secretly paid off the upstairs people and occupied the upstairs area and has put his own people there.
He has come to our house and threatened us and claimed that the property belongs to him, but we continue to pay rent to our original landlord.
My questions are the following:
1. How and where can I verify who is the landlord of this property?
2. Can our landlord sell this property to a third party without informing us?
3. Upon the death of my paternal grandmother can the tenancy be transferred to my name directly or does it have to be transferred to my father's name (at present he lives abroad and doesn't reside in this house).
4. Incase the landlord creates an issue what documents would be required for fighting the case?
Awaiting your response
Thank you.
ajay sethi
(Expert) 07 July 2014
1) go and meet the landlord personally .
2) since landlord is accepting rent from your grand mother and giving rent receipt no sale must have taken place .
3)generally intimation is given by landlord on sale of property . take 30 year search of said property . you will get all details
4) if you are staying with your grand mother on her death request landlord to transfer tenancy in your name .whether any other relatives are also staying with your grand mother .
5) contact a local lawyer
Rajesh Sharma
(Querist) 07 July 2014
Thank you for your prompt reply Sir.
But could you please elaborate on the '30 year search'?
I don't understand what that means. Where do I need to go to conduct such a search? Can it be done online?
T. Kalaiselvan, Advocate
(Expert) 07 July 2014
This 30 years search can be done in the registrar's office by paying the fee for the purpose and inspect the documents for encumbrances.
H.M.Patnaik
(Expert) 07 July 2014
To add a bit, you have to ascertain the revenue details of the plot of land over which the tenanted premises stands now and apply in the prescribed form for obtaining Encumbrance certificate from the office of jurisdiction office of District Sub Registrar on payment of required fee .
Kishor Mehta
(Expert) 12 July 2014
Sir,
When a landlord sells his tenanted property he usually informs the tenant in the matter and asks the tenant to pay the rent to the new landlord, and the new landlord, likewise informs the tenant that he has purchased the property. In any case the legal status of the tenant remains unaffected, he becomes a tenant of the new landlord, and is fully protected under the Maharashtra Rent Act 1999.
The landlord is not supposed to inform the tenant whenever he wants to sell his property.
You can verify the ownership from the property records of the Municipal Corporation.
Since you have been residing at the premises with your paternal grandmother, you are a deemed tenant and are fully protected under the law.
You should preserve, the ration card, the rent receipts, electric & phone bills, postal correspondence at the address in your name, and any and all evidences to prove your stay at the premises. Most important is the possession.
If the old landlord is collecting the rent, in spite of having sold the property, then you are a defaulter as far as the new landlord is concerned. However, before the new landlord can take any legal action of eviction, he has to issue a 30 days notice to you.
The 30 year search is necessary, to establish ownership and details of encumbrances, when a person intends to buy a particular property, for a tenant this is useless.
Good Luck,
Kishor Mehta
Rajesh Sharma
(Querist) 15 July 2014
Thank you respected experts,
I was just wondering since the upstairs area is occupied by a builder illegally, what can the actual landlord do to have them evicted? And how long would that process take?
