Landlord stopping me to use the lift
1 year ago
Hi
I reside in a pagdi flat in mumbai for past 25 years now, there is an ongoing dispute in court where the curt is asked us to pay the rent directly to the court for past 7 years the landlord has now started to block us from entering the lift and has kept a watchman specially to not allow us to get into the lift. My father is a diabetic patient and cannot climb 5 floors.
Kindly suggest what can be done. can he stop us from using the lift.
can we file a police complaint against him.
A.Dear Client,
In a situation where your access to essential facilities like the lift is being restricted, you may consider taking the following steps. Firstly, document all instances of denial of access, and communicate with the landlord about the issue. If the problem persists, you can explore legal options. It might be beneficial to consult with a lawyer who specializes in property or landlord-tenant disputes to understand your rights and potential remedies. In parallel, if you feel your safety is compromised or there's harassment, you can consider filing a police complaint, explaining the situation and providing any evidence you have. Ensure you have all relevant documents related to your tenancy and court orders. Additionally, if the court has directed you to pay rent directly to the court, follow those instructions diligently. Seeking legal advice promptly is crucial to address this issue and protect your rights, especially considering your father's health condition.
Thankyou
In a situation where your access to essential facilities like the lift is being restricted, you may consider taking the following steps. Firstly, document all instances of denial of access, and communicate with the landlord about the issue. If the problem persists, you can explore legal options. It might be beneficial to consult with a lawyer who specializes in property or landlord-tenant disputes to understand your rights and potential remedies. In parallel, if you feel your safety is compromised or there's harassment, you can consider filing a police complaint, explaining the situation and providing any evidence you have. Ensure you have all relevant documents related to your tenancy and court orders. Additionally, if the court has directed you to pay rent directly to the court, follow those instructions diligently. Seeking legal advice promptly is crucial to address this issue and protect your rights, especially considering your father's health condition.
Thankyou
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A.Dear client,
Under law and as decided in numerous judgments, it is unlawful for a landlord to disconnect essential services such as electricity and water or restrict a tenant from using common amenities such as parks, gym, swimming pool, common areas, lifts etc for recovery of rental dues or for other reasons.
If a landlord indulges in such activities, the tenant may approach the Rent Control Court to restore essential services and take action against the landlord. You can send a legal notice to the owner, thereby restraining them to block the lift. If they fail to do despite the legal notice you can file a suit for injunction thereby seeking direction from the court .
Hopefully this resolves your query, best wishes. Thank you.
Under law and as decided in numerous judgments, it is unlawful for a landlord to disconnect essential services such as electricity and water or restrict a tenant from using common amenities such as parks, gym, swimming pool, common areas, lifts etc for recovery of rental dues or for other reasons.
If a landlord indulges in such activities, the tenant may approach the Rent Control Court to restore essential services and take action against the landlord. You can send a legal notice to the owner, thereby restraining them to block the lift. If they fail to do despite the legal notice you can file a suit for injunction thereby seeking direction from the court .
Hopefully this resolves your query, best wishes. Thank you.
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Anonymous
Replied 1 year ago
Thankyou very much for your help.
A.Dear Sir,
RIGHTS OF PAGDI HOLDER
Q1. What is Pagdi system in Mumbai?
Ans. The Pagdi system is a pre-independence rental law that gives the tenant certain ownership rights over the rented property, including the right to sub-let the property or even sells it while giving a share to the original owner.
Q2. Is the Pagdi system legal in India now
Ans. While there are efforts to modernize or abolish the archaic Pagdi system altogether, the system was made legal as per the Maharashtra Rent Control Act of 1999 and came into effect in the year 2000.
Q3. What happens if my owner wants to sell the Pagdi property I’m renting?
Ans. If the original owners choose to sell the building with its land to a new real estate developer, you as a tenant will be given a substantial percentage of the current sale amount to vacate the premises.
Q4. Can I save on taxes on the sale of a Pagdi property I am renting?
Ans. The amount received from the sale of the Pagdi property is a capital asset and you can save tax on such long-term capital gains by reinvesting in a new home.
Q5. Can I get a home loan on a Pagdi property?
Ans. Getting a home loan on a property under the Pagdi System can be difficult, as many ownership issues remain prevalent with old properties. If you want the property rights transferred to your name, you need to establish your ownership rights for the banks to approve your loan application.
RIGHTS OF PAGDI HOLDER
Q1. What is Pagdi system in Mumbai?
Ans. The Pagdi system is a pre-independence rental law that gives the tenant certain ownership rights over the rented property, including the right to sub-let the property or even sells it while giving a share to the original owner.
Q2. Is the Pagdi system legal in India now
Ans. While there are efforts to modernize or abolish the archaic Pagdi system altogether, the system was made legal as per the Maharashtra Rent Control Act of 1999 and came into effect in the year 2000.
Q3. What happens if my owner wants to sell the Pagdi property I’m renting?
Ans. If the original owners choose to sell the building with its land to a new real estate developer, you as a tenant will be given a substantial percentage of the current sale amount to vacate the premises.
Q4. Can I save on taxes on the sale of a Pagdi property I am renting?
Ans. The amount received from the sale of the Pagdi property is a capital asset and you can save tax on such long-term capital gains by reinvesting in a new home.
Q5. Can I get a home loan on a Pagdi property?
Ans. Getting a home loan on a property under the Pagdi System can be difficult, as many ownership issues remain prevalent with old properties. If you want the property rights transferred to your name, you need to establish your ownership rights for the banks to approve your loan application.
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A.Dear Client
He absolutely cannot stop you from using the lift. You can file an application for interim order seeking from the court where the case is going on to use the lift. The court should pass an order in your favour.
He absolutely cannot stop you from using the lift. You can file an application for interim order seeking from the court where the case is going on to use the lift. The court should pass an order in your favour.
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