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Selling rights of tenants in pagdi system

Querist : Anonymous (Querist) 01 December 2018 This query is : Resolved 
I stay in flat bought under pagdi system 25 years back. Now I want to sell this flat as per open market price and pay 33% of it to landlord. However, landlord is neither allowing to sell the flat nor he himself is purchasing flat by paying us market price after minusing 33% which is his rights.
Due to knee issue I am unable to continue my stay in this flat which is on 3rd floor (without lift) and decided to shift in other rented house which is on ground floor. He is not allowing to keep pagdi flat vacant as well even if I am ready to pay rent decided.
Request legal advise.
Isaac Gabriel (Expert) 01 December 2018
The pagadi system is a new phenomenon emerging in the real estate system, which has become uncontrollable ,rather posed several questions between the landlord and tenant.No law to control this practice.Neverthless the tenents are the most affected, when the landlords refuse pagadi so as to keep the ownership under his control.Try to convince the owner about the money invested by you for getting flat paying pagadi.
Kishor Mehta (Expert) 02 December 2018
Please understand you are a tenant and have no ownership rights in a pagdi system flats. There is no law that specifies 33% for a landlord. The landlord may or may not agree to transfer your tenancy that is his absolute legal prerogative. You are supposed to observe the terms of Rent Act if you want your tenancy to survive. It will be prudent to settle the matter mutually with the landlord.

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