TABLE OF CONTENT

    Key Highlights:

    • In a Pagdi system, the landlord is the legal owner. The tenant sells occupancy rights for a one-time payment. Both the landlord and the tenant must agree before any sale can take place.
    • The buyer pays the premium, which is shared between the landlord and the tenant as per building practice. Payments should be made by bank transfer, cheque, or draft to ensure safety and legality.
    • Key records include tenancy agreement, rent receipts, landlord NOC, society consent, tax proofs, ID, registration, and possession letters. Clear papers help avoid fights and speed up the deal.


    Mumbai, India, one of the most unusual forms of housing still standing strong in parts of India’s property market, is the Pagdi System. Seen mainly in Mumbai, but also in a few pockets of Gujarat, Kolkata, and Delhi, this decades-old rental model continues to shape how thousands of families live, transfer, and even sell property rights. While most modern real estate deals involve full ownership transfers, Pagdi properties are different: the landowner retains title, while tenants hold transferable occupancy rights, which can be sold for a premium, the “pagdi” paid to vacate or transfer possession.

    What is the Pagdi System?

    The Pagdi System began under British rule, when rental housing agreements allowed tenants to secure long-term tenancies with rights that could even be passed to future family members. Over time, eviction rules became stricter, tenancy protections grew stronger through rent laws, and landlords began accepting a one-time premium, ‘pagdi’, for allowing tenants to either vacate or transfer their residency rights to a new occupant.

    Who Holds What Rights?

    Here are the rights of different parties under the Pagadi Act.

    Person Rights in a Pagdi Home
    Landlord Legal owner on record, receives rent, approves sale, entitled to an agreed share of the sale price.
    Tenant Right to live long-term, protected from eviction, must agree to the sale, and receive a share of the sale price.
    Buyer Gains ownership, but only if the tenant and landlord both sign a no-objection, and must pay Pagdi split properly.


    Step Guide to Ownership Transfer in Pagdi System

    Here are the steps involved in transferring ownership under the Pagdi system:

    Step 1: Agreement Between Parties

    The initial stage of ownership transfer under the Pagdi system requires a mutually negotiated agreement between the landlord (owner of the property) and the tenant (pagdi holder). This agreement must clearly stipulate the terms of transfer, including the consideration amount, rights of tenancy, and obligations of both parties.

    Legally, the agreement is governed by the Transfer of Property Act, 1882, and the Rent Control legislation applicable in the concerned state. The landlord’s consent is indispensable, as tenancy rights under Pagdi are not absolute ownership but a hybrid form of tenancy with transferable rights.

    The agreement must also specify whether the transfer is inter vivos (between living persons) or by succession.

    Step 2: Payment of Premium

    The Pagdi system is unique because the transfer of tenancy rights involves payment of a premium or consideration, often referred to as “Pagdi.” This payment is made by the incoming tenant to the outgoing tenant, with a portion sometimes shared with the landlord, depending on contractual or customary practice.

    Legally, such a payment is recognised as a valid transfer of tenancy rights under judicial precedents, provided it is not disguised as an unlawful sub-tenancy.

    The premium must be paid through a legally recognised mode, such as bank transfer, demand draft, or cheque, to ensure enforceability and compliance with the Indian Stamp Act, 1899, and Income Tax Act, 1961.

    Step 3: Registration of Agreement

    Once the agreement and premium payment are finalised, the next step is registration of the transfer agreement under the Registration Act, 1908. Registration is mandatory if the agreement involves the transfer of rights for more than one year or includes monetary consideration beyond statutory thresholds.

    The document must be duly stamped under the Indian Stamp Act, 1899, and executed before the jurisdictional Sub-Registrar. Registration ensures that the transfer is legally valid, binding, and enforceable against third parties. It also provides documentary evidence of the transaction, which is crucial in case of redevelopment or disputes.

    Step 4: Issuance of New Rent Receipt

    The final step in ownership transfer is the issuance of a fresh rent receipt by the landlord in the name of the transferee tenant. This rent receipt serves as conclusive proof of tenancy rights and is recognised by the courts as primary evidence of lawful occupation. The landlord is legally bound to update the tenancy records and issue a receipt once the agreement is registered and the premium has been paid.

    In cases of succession, issuance of a rent receipt requires submission of legal heirship certificates or NOCs from co-heirs to avoid disputes. The rent receipt is also important for redevelopment projects, as developers rely on it to determine eligibility for compensation or allotment of new flats.

    Key Documents Required for Selling Property in the Pagdi System

    Here is the list of documents required to sell a property under the Pagdi System:

    • Original tenancy agreement or first Pagdi papers showing tenant rights
    • Recent rent receipts prove that rent was paid regularly
    • Landlord’s No-Objection Certificate (NOC) giving written consent for transfer
    • Society or building consent letter, if the flat is in a society or managed building
    • Landlord’s title papers as proof that they own the land or building
    • Municipal tax receipts showing property tax has been cleared
    • Latest electricity and water bills for the address and utility clearance
    • Seller and buyer ID proof (for example, Aadhaar, PAN, passport, or voter ID)
    • Seller and buyer address proof (for example, Aadhaar, passport, licence, or utility bill)
    • Legal heir or succession paper, if tenant rights were inherited
    • Indemnity affidavit or bond stating no active case, dispute, or other claim exists
    • Encumbrance Certificate (EC) to check if no legal or money liabilities are on record
    • Stamped and registered sale agreement between the current tenant and the buyer
    • Proof of stamp duty payment for the transfer
    • Sub-Registrar registration receipt after the deed is registered
    • Society shares or membership certificate, if part of a co-operative society
    • Possession confirmation letter signed by the landlord or society after handover
    • Bank clearance paper, if there was a loan, or to show no dues
    • Probate or court orders, if the transfer happened by inheritance or legal case
    • Passport-size photos of the seller and buyer for registry records

    Factors Affecting the Property Price Under the Pagdi System

    Here are some key factors that decide the property price under the Pagdi system:

    1. Tenant Legacy

    A long family history in the property adds market value. Buyers pay more when generations live in one space, maintain stability, and hold recognised tenancy. Legacy signals fewer disputes, stronger claims in court if contested, and higher emotional and commercial worth.

    2. Landlord Attitude

    Price changes based on how the landlord views transfers. A supportive landlord who gives consent easily raises demand and pushes the price up. A strict landlord who negotiates harder for a larger cut, delays paperwork, or rejects buyers reduces demand and pulls the price down.

    3. Sharing Ratio

    The split between tenant and landlord shapes the final price. Buildings where tenants keep a higher share (like 70%) attract buyers and improve pricing. Properties with low tenant share lower market rates because buyers worry about paying more to the landlord later.

    4. Building Density

    Crowded buildings with limited light, shared toilets, narrower corridors, or too many occupants lower prices. Low-density structures with better daily living quality command higher rates in the Pagdi market because comfort directly influences resale value even without ownership transfer.

    5. Rental Track

    Official, clean rent payment records matter. Regular receipts, payments done through traceable banking, and zero gaps in rent history increase the price. Missing receipts or irregular payments reduce buyer confidence and lower the value because proof of tenancy becomes weaker.

    6. Redevelopment timing

    If the property sits in a building nearing redevelopment approval, the price rises sharply. Buyers see a future payout or a new flat exchange as profit. Buildings with stalled redevelopment plans see weaker pricing because future gain becomes uncertain and risky.

    7. Floor Appeal

    In the Pagdi market, middle floors often fetch more than ground or top floors. Ground floors face noise and access issues. Top floors face heat and leakage risk. Middle floors balance airflow, privacy, and noise control, making them more attractive and better priced.

    8. Ceiling Height

    Older Pagdi buildings sometimes have high ceilings. Higher ceilings add real value, improve ventilation, allow loft storage, and create a larger feel without adding area. Buyers pay more because high ceilings improve usability and reduce space limits, unlike short-ceiling units.

    9. Entry Control

    Properties with controlled or restricted entry command higher prices. Buildings that track visitors, maintain a working gate system, or support partial security create higher buyer demand. Open-access buildings reduce market value due to safety concerns and a higher risk of occupancy disputes.

    10. Local Economy

    Price shifts based on the immediate neighbourhood economy, not broad trends. Areas with stable micro-businesses, daily foot traffic for local shops, strong transport-linked spend, and steady job circles raise Pagdi property prices. Declining local spend lowers pricing due to weaker rental buyer interest.

    Legal Framework Related to the Pagdi System

    Here are some legal guidelines related to the Pagdi system:

    1. Transfer of Property Act, 1882

    The Pagdi system operates within the ambit of the Transfer of Property Act, 1882, which regulates the transfer of immovable property. Although Pagdi tenants are not owners, tenancy rights are transferable subject to landlord consent. Section 108 of the Act outlines tenant obligations and rights, including subletting restrictions.

    2. Rent Control Act, 1948

    The Rent Control Act, 1948, provides statutory protection to tenants under Pagdi arrangements by restricting arbitrary eviction and regulating rent. Section 14 prohibits eviction except on specific grounds such as non-payment or unauthorised use. Pagdi tenants benefit from rent ceilings, ensuring affordability. However, landlords retain limited rights to recover possession for bona fide use.

    3. Maharashtra Rent Control Act, 1999

    This Act consolidated earlier rent laws in Maharashtra, directly impacting Pagdi tenancies in Mumbai. Section 7 recognises Pagdi as a lawful tenancy arrangement, permitting transfer of tenancy rights with landlord approval. It also regulates “key money” transactions, ensuring they are not treated as illegal gratification. The Act provides heritable tenancy rights, allowing successors to inherit Pagdi flats.

    4. Maharashtra Land Revenue Code, 1966

    Pagdi properties often involve old chawls and tenanted lands. The Maharashtra Land Revenue Code governs land classification, ownership, and revenue collection. Pagdi tenancies are recognised as lawful occupation under this Code, ensuring tenants are not treated as encroachers. It provides the legal basis for mutation entries when tenancy rights are inherited or transferred.

    5. Maharashtra Housing and Area Development Authority (MHADA) Act, 1976

    MHADA regulates the redevelopment of old tenanted buildings, including Pagdi properties. Section 76 empowers MHADA to acquire dilapidated structures and rehabilitate Pagdi tenants. Tenants are entitled to permanent alternative accommodation in redeveloped projects, ensuring the continuity of their tenancy rights.

    6. Model Tenancy Act, 2021

    The central Model Tenancy Act, 2021, seeks to modernise tenancy laws and, by extension, impacts Pagdi tenancies. It proposes registering tenancy agreements, fixing rents transparently, and resolving disputes through Rent Authorities. While Pagdi tenancies predate this Act, its framework aims to phase out informal arrangements like Pagdi by mandating formal contracts.

    7. Real Estate (Regulation and Development) Act, 2016 (RERA)

    RERA governs redevelopment projects involving Pagdi properties. Builders must register projects and disclose obligations towards existing tenants. Pagdi tenants are recognised as stakeholders entitled to possession of redeveloped flats. Section 11 mandates developers to honour agreements with tenants, ensuring accountability.

    8. Maharashtra Rent Control Bill, 1999 (Legislative History)

    Before the enactment of the 1999 Act, the Rent Control Bill clarified legislative intent regarding Pagdi. It recognised Pagdi as a distinct tenancy model and codified transfer rights. The Bill’s debates emphasised the need to balance tenant protection with landlord compensation. Though superseded by the Act, its legislative history remains relevant for interpreting Pagdi provisions, especially regarding the legality of key money transactions.

    Challenges Faced Under the Pagdi System

    Some common challenges parties face when dealing with a property under the Pagdi system are:

    1. Owner Consent

    The buyer needs written approval from the landlord to transfer tenancy. Many landlords delay, demand high payments, or refuse to sign without reason. Without this consent, the sale stops legally, leaving the seller stuck even after finding a willing buyer.

    2. Unclear Share

    Sellers must pay part of the sale value to the landlord, but local practice varies building by building. Some owners calculate one share, landlords calculate another, and both claim it is correct. The lack of a fixed formula causes disputes, slowing the final deal.

    3. Disputed Tenancy

    Heirs often claim tenancy rights after the original tenant dies. Families sometimes fight in court over who holds the valid Pagdi rights. A seller cannot transfer a property while tenancy ownership remains challenged, creating legal freezes on sales.

    4. Hidden Liens

    People attach informal loans, society dues, or personal agreements to Pagdi units without public records. Buyers later discover pending payments and blame sellers, or walk away before signing. Because tenancy is the asset, even small unpaid dues can block transfer permission.

    5. Old Records

    Many Pagdi buildings hold tenancy papers written decades ago in fragile condition. Managers or trustees sometimes misplace files or fail to update entries properly. Buyers demand proof, but sellers struggle to produce full, readable, verified documents.

    6. Area Misuse

    Some tenants convert residential Pagdi units into offices or storage without approval. When selling, landlords check usage and raise objections or demand penalties before allowing tenancy transfer. This adds sudden costs and forces sellers to renegotiate buyer prices.

    7. Bank Bar

    Most banks avoid lending on Pagdi units because they sell tenancy rights, not full ownership. Sellers expect many buyers, but most interested buyers drop out after failing to arrange funds. This limits the market to cash buyers, reducing competition.

    8. Society Block

    Co-operative societies in Pagdi buildings sometimes enforce extra rules beyond the tenancy law. Some ask sellers to clear undocumented charges or sign internal forms before they allow the landlord to process consent. This adds a non-legal layer that still stalls the sale.

    9. Illegal Additions

    Pagdi units often house unauthorised lofts, fixed cabinets, or internal extensions that reduce usable area. Buyers worry about removal orders or future complaints. Landlords also question alterations before signing the transfer consent, creating friction over who is responsible for them.

    10. Valuation Clash

    Pagdi properties lack clear price guides due to low official sale evidence. Buyers feel sellers overprice, and sellers feel buyers undervalue tenancy rights. Everyone negotiates blind. Misaligned expectations stretch talks, create mistrust, and delay closure.

    Pros And Cons of the Pagdi System in India

    Conclusion

    Selling a Pagdi property is not a simple rent-to-sale shift, but a careful transfer of long-standing tenancy rights. To do it smoothly, all three sides – landlord, tenant, and buyer – must understand who owns what, how the premium is shared, and which laws apply. A clear written agreement, proper payment of Pagdi, timely registration, and a fresh rent receipt create a clean legal trail. Strong documents, fair pricing based on building condition and local market, and honest disclosure of dues help avoid shocks later. Since consent delays, old records, and disputes are common, seeking legal advice early can turn a risky, emotional sale into a structured, confident exit.

    Own the home you deserve.

    FAQS – FREQUENTLY ASKED QUESTIONS


    • What is sold in a Pagdi property deal?

      The tenant sells the right to occupy the home, not the land or building itself. The landlord is the legal owner. The buyer pays a one-off premium to take over occupancy rights. The deal only goes ahead if both landlord and tenant agree in writing.
    • Can a Pagdi home be sold without landlord consent?

      No. The tenant cannot transfer or sell occupancy rights without the landlord’s written NOC. Without consent, the sale is not valid. Even if money is exchanged, the buyer has no legal standing unless the approval is signed and recorded properly.
    • Does the buyer become the legal owner after a Pagdi purchase?

      Only if the landlord and tenant both sign and allow the ownership transfer papers. Many times, the buyer only gets occupancy rights, not full title. For full ownership, stamped and registered papers must be signed by all parties and filed correctly.
    • How is the Pagdi money split?

      The premium is divided between the landlord and tenant based on building practice or earlier rent-deal terms. There is no fixed percentage in law. The split must be agreed upon before signing the sale papers to avoid disputes later.
    • What payment methods are safe for Pagdi premium?

      Bank transfer, cheque, or demand draft are safest. They leave proof of payment that can be used if disputes arise. Cash deals should be avoided as they are hard to prove. Traceable payments protect both the buyer and the seller and support legal checks.
    • Which laws protect Pagdi tenants from eviction?

      State rent protection rules and the Transfer of Property Act allow long stays and limit eviction without cause. Tenants cannot be removed unless certain legal grounds are met. This is why tenants must also sign NOCs during any sale or transfer.
    • Can tenancy rights be inherited under Pagdi?

      Yes. Close family members can inherit long-stay occupancy rights if heir papers are submitted. Rent receipts may be reissued in the heir’s name after checks. If heirs disagree, the transfer can freeze until settled by family NOCs or a court order.
    • Do banks give loans on Pagdi homes?

      Most banks avoid funding Pagdi homes because they often sell occupancy rights rather than full ownership. Loans are unlikely unless the building clears strict legal checks and provides stamped proof of transferable rights. This limits demand to mainly cash buyers.
    • What is an indemnity bond in a Pagdi sale?

      It is a court-stamped, signed paper in which the seller promises there are no active disputes, loans, or claims by others. If a problem arises later, the seller is responsible. It protects the buyer and reassures landlords before signing NOCs.
    • Why are rent receipts important in pricing?

      They prove that regular rent was paid and that lawful occupancy existed. Complete, clean receipts build trust and raise prices because they serve as stronger proof of tenancy. Missing or broken rent history lowers the price, as landlords and buyers fear disputes or weak claims during transfer.

     

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    No Liability

    This Website is provided to you on an "as is" and "where-is" basis, without any warranty. ABCL, for itself and any ABC Companies and third party providing information, Materials (defined later), facilities, or content to this Website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the website, the information or any products or facilities to which the information refers. ABCL will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if ABCL has previously been advised of the possibility of such damages. Any access to information hosted on third party websites of billers/banks/merchants/ABC Companies etc. is not intended and shall not be treated as an offer to sell or the solicitation of an offer to buy any product/offering of these ABC Companies or third parties.

    The Facilities Provider or ABCL or ABC Companies shall have absolutely no liability in connection with the information and Material posted on this Website including any liability for damage to your computer hardware, data, information, materials, or business resulting from the information and/or Material or the lack of information and/or Material available on the Website. In no event shall ABCL or ABC Companies shall be liable for any for any special, incidental, consequential, exemplary or punitive damages for any loss, arising out of or in connection with (a) the use, misuse or the inability to use this Website; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the site; or (d) any other matter whatever nature relating to this Website.

    Further, the Facilities Provider cannot always foresee or anticipate technical or other difficulties. The facilities may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other facilities interruptions. The Website does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

    The Facilities Provider, ABCL, ABC Companies and the providers of information shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this Website.

    Manner of Use of Personal Information

    All Personal Information including Sensitive Personal Information provided/related to you, shall be stored/used/processed/transmitted expressly for the Purpose or facilities indicated thereon at the time of collection and in accordance with the Privacy Policy. Other than those otherwise indicated and agreed by You, this Website do not collect or store or share your Personal Information. Aditya Birla Capital is the brand and accordingly all products and facilities are provided by respective ABC Companies as applicable. Therefore, for any of these Purposes, the Website will use ABC Companies their authorized third party vendors, agents, contractors, consultants or facilities providers (individually a ‘Third Party Service Provider’ and collectively, the “Third Party Service Providers”) and to that extent you understand and authorize the Facilities Provider to share/transmit such information to Third Party Service Providers. Such sharing of information will be solely for the purpose to fulfill / complete / authenticate your specific requests/transaction execution and for providing information about any ABC Companies product or facilities or services or for data analytics or to deliver to you any administrative notices, alerts or communications relevant to your Purpose (and which may include sending promotional emails or SMS or calls or any other mode permitted under law) or to analyze the usage and improve the facilities/solutions offered or for any research or troubleshooting problems, detecting and protecting against errors or to improve features, tailor the facilities on the Website to your interests, and to get in touch with you whenever necessary.

    Except in the manner as stated in the Privacy Policy, the Website will not disclose your Personal Information with any affiliated or unaffiliated third parties,

    You may receive e-mails /communications/notifications from the Third Party Services Providers regarding facilities updates, information/promotional e-mails/SMS and/or update on new product announcements/services in such mode as permitted under law.

    Use of Website in India

    This Website is controlled and operated from India and there is no representation that the Materials/information are appropriate or will be available for use in other locations. If you use this Website from outside the India, you are entirely responsible for compliance with all applicable local laws. There is no warranty or representation that a user in one region may obtain the facilities of this website in another region.

    Information published on the Website may contain references or cross references to products, programs and facilities offered by ABC Companies/third parties that are not announced or available in your country. Such references do not imply that it is intended to announce such products, programs or facilities in your country. You may consult your local advisors for information regarding the products, programs and services that may be available to you.

    In your use of the Website, you may enter correspondence with, purchase goods and/or facilities from, or participate in promotions of advertisers or members or sponsors of the web site, including those of ABC Companies. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or facilities, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable ABC Companies and/or third parties.

    You agree that Facilities Provider / ABC Companies has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any other ABC Companies and/or third parties.

    Third party websites

    This Website may be linked to other websites (including those of ABC Companies) on the World Wide Web that are not under the control of or maintained by ABCL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or ABCL is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).

    USE of APP

    In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.

    Postings and monitoring

    The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

    Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

    We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.

    If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com

    Use of Cookies

    You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.  

    Facilities Changes and Discontinuation

    The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

    ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

    Compliance with the Law

    You agree that you will not:

    • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
    • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
    • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
    • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
    • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

    Restrictions on Commercial Use or Resale

    Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

    No Endorsements

    All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

    Promotional Offers

    You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

    Charges for use of Website

    There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

    No Endorsement

    You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.

    In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

    Electronic Communications

    These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

    Assignment

    You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

    Legal Disclaimers

    The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

    The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

    Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

    No Solicitation

    No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

    The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an  amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

    Statutory Disclosure

    ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF.  Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

    Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

    Force Majeure

    The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

    Indemnification

    You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

    No Waiver

    The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

    Exclusive Agreement

    You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

    Termination

    Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

    Governing Law and Jurisdiction

    The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

    These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

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