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Landlord - we live in a pagdi system property Landlord - we live in a pagdi system property

11 months ago

Hello, we live in a pagdi system property (on grandfather name) owner by many landlords (brothers and sisters). We give our monthly rent to one of the landlord(elder brother) . Now younger brother who is also an landlord is giving us an offer and he says he will transfer name on the bill to our fathers name by taking some money. Should we get the property transfered on my fathers name by using the younger landlord. Please advice

Kishan Dutt Kalaskar

Responded 11 months ago

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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.
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