Tenancy rights
narenmistry
(Querist) 15 April 2015
This query is : Resolved
Hi,
I need suggestion in relation to following situation.....
1. My father and my uncle started living together in Mumbai in 1980 together in a chawl in Mumbai.
2. Upon my uncle's marriage his family shifted to new residence, but my father and mother continued to stay in the current house. Later my father died in 1999 and today we still continue to occupy in the said house.
3. Now the problem is that my uncle is demanding to vacate the said house and provide the possession to him.
The said house is registered in my Uncle's name. Rent receipt is in my Uncle’s name, but rent for all these year is paid by my mother.
Is there any kind of relief available to us ? What are remedies available to us Legally.
Kishor Mehta
(Expert) 16 April 2015
Sir,
You need evidences to prove your residence there:
(1)Ration card at the address, mentioning the names of all the residents including you and your family.
(2)Aadhar card, Income Tax &/or Sales Tax, certificates, telephone bills in your name, LIC policies in your name, or in the name of your family members, at the address, any postal correspondence addressed to you or a member of your family at the address. etc.etc.
(3) Rent receipts, since your mother has been paying the rent.
(4) Any other evidence to prove your residence at the premises.
If you have the above eveidences to prove your residence at that place, you are protected under Maharshtra Rent Act 1999 as deemed tenants, and your uncle can not ask you to vacate the premises even if the rent receipt may stand in his name.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
Well advised by expert Mr. Kishor Mehta. You may take the help of a local advocate for further assistance.
