Legal Question in Real Estate Law in India

Hi. I have a flat owned under the pagadi system. My landlord stays in the same building.
The agreement made at the time of buying this flat, is such that the landlord has made provisions in several clauses such that:
1) The tenants will have to bear the cost of structural repairs to the building. (Along with rent, other taxes, water and general electricity, lift maintenance and repairs)
2) The terrace and other open areas of the building are used by the landlord to earn revenue by purpose of Cellphone towers,
benefit of whihc, entirely goes to the landlord.
Can I raise voice in the court of law agains such an agreement ?
I signed the agreement willfully, but the agreement was presented only at the time of registration and not before that, so I could not read it earlier.
Your response is awaited eagerly.

Asked on 5/29/12, 1:15 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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29.05.2012

Dear Sir / Madam,

Under the pagdi system, you pay a deposit to the landlord, for which you enjoy tenancy rights, and pay monthly rent to the landlord. There is no ownership of any nature created, nor is any intended to be created therein.

It remains well within the sole purview and discretion of the landlord to deal with his / her property in the manner he / she best deems fit. A tenant has no voice / say in the matter.

You can mail me for any further on-line advice at [email protected]

Regards,

Answered on 5/29/12, 5:41 am

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