j.s.coachman (retired) 09 November 2021

Selling a pagdi flat

If a tenant in a pagdi flat wants to sell his flat, can the landlord object to it?

If yes, on what grounds?

Quick Summary

This discussion clarifies that tenants in pagdi flats generally cannot sell their property as they hold tenancy rights, not ownership. While direct sale by the tenant is not permitted and could lead to legal issues like fraud, landlords can consent to the transfer of 'pagdi rights' to a new tenant. For specific legal guidance on this process, consulting a local property lawyer is recommended.

4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 15 November 2021

1. Pagdi Flats /Properties are "Tenanted /Rental Properties", which means they are not "Ownership Properties" .... which in turn means that "Tenanted /Rental Properties" CANNOT be sold by Tenants /Pagdi Holders.

2. However, Landlord can consent to transfer "Pagdi Rights" to the new Tenant. This will not transfer "Ownership" of Pagdi properties. Coordinate with a local Property lawyer, on how to do this.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

j.s.coachman (retired) 16 November 2021

I thank you sir.

Is the landlord not bound by law to permit selling the flat ?

If he does not allow, what is the remedy?

Can one file a suit ?

Thanks.

J.S.Coachman

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 16 November 2021

You are advised to Re-Read my earlier reply, this time more "S-L-O-W-L-Y"
A Tenant is NOT a Owner.
IF a person is not Owner of Property, THEN he is not entitled to Sell.
Law does not allow it.
IF sold, THEN it would consitute Criminal Offences of Cheating, Fraud, Misrepresentation etc....