• Pagari System Parking

My new landlord is a builder /redeveloper since 2008. His manager is continuously asking me to " sell " my premises to landlord. He stopped taking parking fees. I am 3 rd generation tenant. Building is more than 90 years old . He says there is no " assigned parking slot to any tenant" , and on other hand he allows 2 cars parking slots to soe tenants and allows parking of a cra in front of my entrance at ground floor. I complained to police station with pictures , but landlord's manager tol police " he will not intrefere". Evwen in Co-Op housing socities there is parking rules & regulations & no more than one parking slot is allowed per apartment. There are no such laws/rules by Govt. of Maharashtra about this for pagari tenants ? 

Raj B. Rasania
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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9 Answers

The land and the building are owned by the landlord 

The premises or flats in the building are let by the landlord to tenants on tenancy basis with right in the common areas for access, that is for ingress and egress 

Did the former landlord allot you any parking space in the building premises on tenancy basis and was any rent receipt issued to you for the same?

If the answer is no, then you cannot claim any right for a separate exclusive parking space for you 

Only if the landlord is willing to grant you tenancy rights for a parking space, can you claim the right as such tenant over such parking space and NOT otherwise 

The land and building are owned by the landlord. So he can allot parking space to any person of his choice on tenancy basis.

However if such allotments obstruct the access to your premises then you can always object as that would be obstructing of your easementary rights 

The landlord can under no circumstances compel you to sell your premises 

Only if the tenant wishes to surrender his tenancy right against a valuable consideration, can the parties then work out a deal 

The rules as applicable for valuation of ownership premises do not apply to tenanted premises. The valuation rules only apply for purpose of stamp duty.

Otherwise it's a matter of contract between the landlord and tenant. 

Yusuf Rampurawala
Advocate, Mumbai
7742 Answers
79 Consultations

You cannot be forced to sell your premises 

 

2) you have not been assigned any parking slot 

 

3) no parking rules framed for pagdi tenants 

Ajay Sethi
Advocate, Mumbai
97465 Answers
7880 Consultations

You cannot be forced to sell your tenanted premises to landlord 

Ajay Sethi
Advocate, Mumbai
97465 Answers
7880 Consultations

He may be billionaire but he cannot force you to sell your tenanted premises 

Ajay Sethi
Advocate, Mumbai
97465 Answers
7880 Consultations

What landlord  is doing in taking possession of parking space, is illegally recovering possession of tenanted property. You are entitled to file a suit in the Court of Rent Controller under  Section 15 (1) Maharashtra Rent Control Act, 1999. So far as harassing you for selling the property it is up to you how firmly you deal with him. Tell him in strong language not to pester you anymore. If the landlord  is famous, rich and powerful you can complain to the Court that he is using his influence to intimidate you in vacating the premises.

Ravi Shinde
Advocate, Hyderabad
4385 Answers
42 Consultations

The pagdi tenant is also entitled to a parking space.

The landlord cannot deny the same.

Next time when this incident happens, you may file a suit for permanent injunction against the landlord or his henchmen to restrain them for interfering ij your possession and enjoyment of the parking space or forcibly trying to evict you other than by due process of law.

 

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

The manager is not the authority over this.

The tenant has full tenancy rights in the pagdi system rented property.

They cannot force you to vacate, you can approach police or court with a suit for permanent injunction against them\

 

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

No comments to your this question becasue this do not involve any legal query and no opinion can be rendered for your fears.

You may have to make arrangements accordingly. 

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

if landlord is blocking your entrance by permitting others to park their cars in front of your entrance,then file a suit against the landlord 

parking fee receipt issued by whom?

cannot answer all your questions on basis of the very limited information given in the query and without even looking at the papers!

Yusuf Rampurawala
Advocate, Mumbai
7742 Answers
79 Consultations

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