Pagdi system property Pagdi system property

1 month ago

My great grandfather has pagdi room in prabhadevi , Mumbai, Great Grand father and his other 4 son made affidavit that this rooms now own my grandfather, In that room we live 5 people, Grand father 1) 1st son with his wife 2) 2nd son 3) 1st son daughter and son 4) me (son of his second son) My grandfather died on 2000, and on 2012 builder came for redevelopment, so on that agreement both brother (grand father both son) decided to give permanent accommodation to big brother by taking 30 lack to small brother means my father , Now my question is, Do I have any rights (tenants rights in that property) as I also live there till 2011, I have ration card proof

Anik

Responded 1 month ago

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A.Dear Client,

The Pagdi system is a legalized form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999. Section 7(15)(d) of the Act specifies the rights of legal heirs in the Pagdi system:

1. A tenant's family member who was living with the deceased tenant at the time of their death is eligible first from the family as the successor to succeed the tenancy.
2. Upon the demise of a current Pagdi tenant, the tenancy rights can only be transferred to the legal heir(s).
3. The new tenant (legal heir) can request the landlord to issue a fresh rent receipt in the heir(s) name(s).

Once the Pagdi amount is paid, the tenant becomes the owner of the property and has the right to live in it. The landlord cannot evict the tenant or repossess the property, as long as the tenant continues to pay the monthly rent. Section 56 of the Rent Control Act, 1999, legalizes the consideration paid to the landlord as Pagdi. This provision allows a tenant to receive any amount in consideration for relinquishing or transferring their tenancy rights.

The Pagdi system provides tenants with security of tenure, allowing them to occupy the property indefinitely. The legal heirs of the original tenants are entitled to have the tenancy transferred in their names. To support such claims, having a rent receipt issued by the landlord is essential, as it serves as evidence of the tenancy. The residual legal heirs may need to provide documentation to prove their status as per the Maharashtra Rent Control Act. A standalone ration card may not be sufficient to support the claim without additional evidence of tenancy.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
The Pagdi system is a legalized form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999. Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, clarifies the rights of legal heirs in pagdi system and states that: 1) A tenant’s family member who has been living with the dead tenant at the time of his/her death shall be eligible first from the family as the successor to succeed the tenancy. 2) Upon the demise of a current page tenant, the tenancy rights can only be transferred to that legal heir(s). 3) The new tenant (legal heir) can request the landlord to issue a fresh rent receipt in the heir(s) name(s). Once the Pagdi amount is paid, the tenant becomes the owner of the property and has the right to live in it. The landlord cannot evict the tenant or repossess the property, as long as the tenant continues to pay the monthly rent. According to Section 56 of the Rent Control Act, 1999, this consideration paid to the landlord as a fine, premium, or consideration (Pagdi) was legalized. The act provides authorization for a tenant to receive any amount in consideration to relinquish or transfer of his/her tenancy rights. The Pagdi system provides tenants with the security of tenure, allowing them to occupy the property indefinitely. The residual legal heirs of the original Tenants are entitled to have the Tenancy transferred in their names. The standalone ration card may not support your claim unless a Rent receipt of landlords issued to a tenant to prove your tenancy and legal heirs as per the Maharashtra Rent Control Act
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