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Right of tenant on demolished building by KMC

(Querist) 31 August 2016 This query is : Resolved 
Dear sir... our family have been occuping a flat under deposit system for 25 yrs in mumbai on a rented basis...paying rent at the rate of rs 50 pm...however the condition of the building started becoming bad after 15 yrs and the owner received notice from the municipal authority to vacate...stating that the building has becom old and it may fall at any time...hence kindly get it repaired....however our owner refused to take necessay steps towards repair...and he used to trouble the tenants stating that you ppl vacate i want to construct an individual house for myself in this land...and he refused to give back our security deposit of rs 20000...which we have given 25 yrs back....and he also never used to give the rent receipt to us...and tel us to pay al the taxes and water bill from our end....hence we vaccated the house and shifted to new flat....and the old house has been demolished now by the municipal authorities...kindly advice if we can have any further rights on that property...
Raj Kumar Makkad (Expert) 31 August 2016
Once you have vacated the house without any writing then have lost all rights in that rented building, however, as per terms of agreement, you can recover your deposited amount strictly in terms of the agreement executed 25 years ago.
Ms.Usha Kapoor (Expert) 01 September 2016
Since you didn't collect/have any written evidence against your ex landlord all your tenancy rights in respect of the old house to be demolished shortly are ceased to exist.Forget about your old house now.You can recover your deposit in accordance with terms of agreement executed some 25 years ago.
Rajendra K Goyal (Expert) 01 September 2016
Agree with the experts.
H.M.Patnaik (Expert) 01 September 2016
Nothing more to add.
Guest (Expert) 01 September 2016
1) When you vacated the room ?

2) You took name KMC (Whether it stands for Kalyan Dombivali Municipal Corporation )

3) When did K.D.M.C. issued notice under Maharashtra Municipal Corporation act sec 264 ,268 dates and who was in possession at that time


Kala (Querist) 02 September 2016
1.we vacated the room 8 yrs back...due to the continious pressure of the land lord...along with a group of ppl who joined the landlord ...and used to trouble us everyday...in fact the building had total no of 8 tenant..and one flat had been occupied by the landlord....however 6 tenant voluntery vaccated the flat 15 ys back and we including one tenant had been staying on that flat....for another 5 yrs ....the idea behind the landlord mind is...to vaccate al of us....and construct flat for himself....for which he used to use local ppl pressure at his end....2..KDMC yes you r right its kalyan dombivli muncipal corporation.3.KDMC issued notice some 15 yrs back and around 5 tenant had been occuping the place at that time....(i dont have an idea under which section its issued...need to check the letter)...but now last 3 days back we noticed the municipal authority has demshied the entire builing including our flat which is on ground floor
Rajendra K Goyal (Expert) 02 September 2016
In the given circumstances, your claim may succeed is doubtful.

However, show all documents to local lawyer to explore for any technical ground.
Guest (Expert) 02 September 2016
See Law is not crystal clear in this matter.

And there is indeed ambiguity ,

At same time there are conflict of provision between Maharashtra Rent Control Act and Maharashtra Municipal Corporation Act 1949 (Previously BPMC Act 1949.)

First we need to check immediately which documents you possess , like electricity bill , LPG receipt , ration card etc.

Second thing you need to go in local ward office and check record whether your name was there in Property tax rentable extract

Third we need to see file of demolition under RTI done by local ward office

Any other evidence supporting that you left the building since it was dilapidated in condition.

In such cases only option is to file declaratory suit that you are eligible when reconstruction takes place. But again how much you will succeed in Court depends upon the interpretation whether you left the premises since you got new premises or you became homeless due to demolition

As said earlier Law is silent , not crystal clear . So either you completely forget that place or you need to move in judiciary within 2-3 months and this decision you need to take immediately.

Rent act and similar matter I handle frequently you can meet me personally , but before meeting me you need to collect all documents make file and show me , then I can try.

False promise I won't give because if Landlord succeed in proving you left because you got better new premises then you won't get anything.



Kala (Querist) 02 September 2016
Sir/madam...madhu...could you pls share your number with me....
Kala (Querist) 02 September 2016
So that i can talk in detail about this property
Guest (Expert) 03 September 2016
I have posted my cell no. in private message.

2) All depends upon notice which was issued by KDMC and immovable property in your possession and your close relative possession in any form.

3) In my personal knowledge in and around Mumbai this year 70-80 buildings are demolished using dilapidated section of Municipal law (Various Municipal Corporation)

4) I read your message today with fresh mind. 8 years before demolition you left is big period and your case will be weak but if you want to try then act quickly , else forget it.



Rajendra K Goyal (Expert) 27 September 2016
You can be benefited with the advice from expert Madhu ji.


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