Legal Question in Real Estate Law in India
Hi i have some query Regarding Pagdi system old system working in south mumbai, Please Help.
1) My Land Lord is not Recieving the Rent how should i send him the rent.
2) I have made only Afidiavite form the person from whome i have purchase the room. is it enough or i have to make any other strong documents has the room is not in my name
3) Now whats should i do my landlord is not ready to transfer the room in my name even after i am ready to give the Money which he is demanding.
4) wht should i do now, he is saying that i will send a notice to u.
5) How difficult it will be to approach court and get the ownership of the house.
6). how important is the rent receipt to prove the ownership of the house.
7) I have Purchase the House in 2005, 7 Years Back,
Please Reply to each of My Query, has i am in Trouble.
2 Answers from Attorneys
23.08.2012
Dear Sir / Madam,
1) Your landlord is not receiving the Rent since you are not the legal owner of the room.
2) Your document should specifically state that you have purchased the tenancy rights from the original occupant of the room. But let me caution you here that the consent of the landlord is essential for transfer of tenancy rights.
3) You should negotiate and pay the money demanded by the landlord to legally acquire the tenancy right in your name.
4) It is better to amicable resolve the issue with the landlord to avoid any further legal complications.
5) In the old pagdi system, you can never become the Owner, unless the landlord wishes it to be so. You will only continue to enjoy tenancy rights provided they are legally transferred in your name by the landlord from the previous occupant of the room.
6) The rent receipt is important to prove your tenancy right, not ownership of the room.
7) If the rent for 7 years is pending, the same will form a part of your negotiation with the landlord as mentioned in point (3) above.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for further on-line advice at [email protected])
Send rent by Money Order
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