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hitesh shinde (RELATIONSHIP MANAGER)     05 May 2014

Rent increased by laonlord

Dear

Sir  

Here i want  know  about  teancy right under pagadi  systeam

Since  last 80's Year we are staying at building  which is  pagadi systeam  and last 80's year we all are teant paying rent  regulary  but now  days lanlord has  increase rent  without giving  prioer approval from court he  increase rent  and aslo this building is hearitage property the  actual owner is die since a  long back .

The old  landlord having  six boy and  three daughter but  he couldn't divide his  property among this  childern so can there childern has right  to increase rent without taking  a  prioer approval from court 

And aslo thr  property tax paper will show his father name as on date they can;t  trnsfer the  rest of brother and sister becuase they failed to provide  will papaer or noc of  his father to bmc

 

Thanking & Regards 

Hitesh

hiteshmi2@gamil.com



 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 May 2014

The consideration paid to a landlord as a fine, premium or consideration (pagdi) has been legalised by Section 56 of Rent Control Act, 1999.

It is now also lawful for a tenant to receive any amount in consideration of the relinquishment or transfer of his tenancy. Incidentally, in the Rent Act, 1974 giving or receiving pagdi in cash was held ‘illegal’ hence there was extensive use of black money. Now too, in cities like Mumbai, for the  transfer of tenancy, 33 per cent of the amount in transaction is paid in cash to the landlord to effect the transfer of tenancy or assignment.

Advocate Ravinder (Advocate/Attorney)     08 May 2014

 I Agree with Ramachary.

The children has right to increase the rent. Landlord or their legal heirs can increase the rent which is as per the schedule fixed (Fair Rent) by the Rent Control Act and it will be mentioned in the Fair Rent Register which will be available with Sub Registrar office. The owners are not liable to get permission from the court.  If the rent is over and above the standard rent mentioned above, the tenant can approach court for reduction of the same.  Bearing the name of the Municipal tax receipt is immaterial.  If there is no will, the property will devolve upon the legal heirs automatically, that means after the death of the original owner, the children will become legal heirs. 

T. Kalaiselvan, Advocate (Advocate)     08 May 2014

While section 56 of the Rent control act, 1999 of Maharashtra states that the pagdi system is lawful, the owner or his legal heirs have right to raise the rental amount periodically which is also legal.   They do not have to take permission from court or any authority to raise the rent after a periodical interval. Thelegal heirs of the deceased owner have full rights over the property.


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