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This is an archive article published on April 24, 1999

Pugree Problems

On principle, the proposed legalisation of pugree in the Maharashtra Rent Control Bill is not acceptable. Because what till now was a cri...

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On principle, the proposed legalisation of pugree in the Maharashtra Rent Control Bill is not acceptable. Because what till now was a crime punishable under Indian Penal Code will be made legal.

Yet, considering that pugree had become an intrinsic part of the tenant-landlord relationship, its legalisation appears to stem from the state8217;s intention to earn its deprived revenue rather than resolving the issue of low rents. By legalising pugree, the state has in effect only tried to ensure that black money circulation is reduced, as both tenants and landlords will have to declare it now. Its benefits to the tenant and landlord would be understood only if it is mandatory for the landlord to spend part of it on the building8217;s maintenance. The joint committee report says the premium 8220;could be used8221; for repairs, reconstruction or construction of a new building by landlords.

Nowhere does it say it is binding on the landlord to use the money for that purpose. More importantly, who will determine the rate ofpremium, and how? If it is to be rated as per the government8217;s ready reckoner on real estate prices, it would mean high taxes to be paid to the state. The landlord or tenant receiving the pugree will have to pay a capital gains tax, income tax and stamp duty.

The more likely scenario would be that landlords will accept premium in part white, part black. As per today8217;s informal arrangement of paying a pugree, two-thirds of the amount received for transfer of tenancy goes to the old tenant and one-third to the landlord. Yet there are tens of thousands of tenancies where rent receipts are in a third party8217;s name. This is where landlords may demand a huge premium for transfer of name, on non-payment of which he can initiate eviction proceedings. So a large number of tenants may suddenly find they have to cough up more money to retain their premises. Why should somebody pay a premium to just become a tenant, when the same amount can be used for acquiring a premises on an ownership basis?

 

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