Sublease in pagdi house and Compliance to notice Sublease in pagdi house and Compliance to notice

2 years ago

I live in pagdi house for around 20 years. Recently I have shited to another place and have given pagdi house to distinct relative or friend without any considertaion. However my landord is asking me to pay 50% of market rent of the said house. Can he do so?

If I refuse to pay and suppose he has legal right and send me notice for the same. In respone if I ask my relative to vacate the house and make sure that no other person reside on pagdi house, will be notice stand not enforceable in law or will court order me to give back the house to landlord.

Please advice, your valuable advice will be very useful.

Anik

Responded 2 years ago

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A.Hi,
In India, the ‘pagdi' system is a type of tenancy in which the renter is also a co-owner of the property. The part-owner can even sublease the space, but the rent must be split between the property's true owner and the part-owner who is the initial renter. As a result, you must split a portion of the rent with the actual owner before your relative may reside there.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The ‘pagdi’ system is a form of tenancy in India, where the tenant is also part-owner of the property. the part-owner can even sublet the premises but the rent that he gets must be divided between the actual owner of the property and the part-owner that is the first tenant. Therefore, it is mandatory for you to share a sum of the rent with the actual owner then your relative can live in it.
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