Ganesh Malkar (Developer) 26 April 2014

Getting ownership of long lived property

Hi Sir/Mam,

Me with my family staying in a small chawl room (5*10) in kurla. My papa took the room on pagri system in 1976 since then we are staying there. We are paying rent to the house owner and now to his children post his death. We are staying in that room for more 38 years now.

What is the procedure to gain the ownership of the property ? We want to transfer the property on our name so that the owner cant challenge us in any circumstances or for that matter under any law.

We have to take this strict decision because the land owner is taking undue advantage on every small things we do like

1. When we constructed the room with cement [before it was just iron sheets] he demanded money.

2. When we made the room 1+1 he asked for money from us.

3. Now when we want to rent the property to some one else he is asking more than half the rented amount.

Please help, As I am planning to challenge the owner saying do whatever you want we don't want to give any further money to you.

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4 Replies

Adv. Santosh Yadav (Advocate/Lawyer) 26 April 2014

first of all check the old papers/documents pertaining to the said room & what is mentioned in that

it all depends on the content of the paper and check whether you are paying the house tax or your land owner is

paying the house tx from the tehsil i.e collector office. and accordingly you can procede..

Ganesh Malkar (Developer) 26 April 2014

Thanks very much for your prompt reply.

The only paper we and he have is the bill which he issues on every payment. We or he dont have any other documents/'papers pertaining to this room.

We don't pay tax as he use to pay tax before on our behalf but he stopped paying the property tax I guess though I am not sure.

Thea bill is the only proof which he issues after every rent paid every month.

It has mention of 7 rules which has no law support.

1. The tenant is not authorised to rent out the property, if he does, both the tenant and the occupant has to vacate the room.

2. Rent should'nt kept due for more than one month which is the current month.

3. In case of any damaged to the said room, the tenant has to pay all the repair amount.

4. If a tenant want to vacate the room he/she has to give a prior notice to the land owner atleast one month in advance else the tenant has to pay the full month rent.

5. A tenant should always maintain the high level of decor in his behaviour.

6. Every month by 12 the tenant has to pay the rent in case of tenant vacating the said room he or she has to take a mention of this behind the reciept from owner.

7. The tenant shouldnt misue any property of the owner.

T. Kalaiselvan, Advocate (Advocate) 27 April 2014

contact a local lawyer and proceed as per his advise, the house owner cannot evict you and his demands are high, so better remain stubborn, let him do whatever he wants, since this room is on the pagdi system, he may not be able to initiate any legal action except that he may try for demolition through municipality notice quoting the old age of the building.

Advocate Ravinder (Advocate/Attorney) 01 May 2014

Even if you stay for 100 years, a tenant will not become the owner. The tenant cannot claim even adverse possession as he is in permissive possession (possession of tenant). As per the clause you cannot sublet (giving on rent to somebody). If you sublet, the owner will get a ground to evict you from the premises.

If you want to become owner you have to pay the cost of the property to the owner by executing a valid registered sale deed. Now start collecting the amount to purchase the property.