pagdi system tenant
mp
(Querist) 25 August 2015
This query is : Resolved
my father is pagdi system tenant since 40 yrs with rent receipts and electricity bills to his names coming regularly. this flat is used by his real brother (his name is not there as joint or co own) since 35 yrs at same place and my father having his ownership flat of 480 sqft carpet and stays there. my qs is 1) can landlord take possesion of flat legally for any reason of above 2) can his brother claim rights on the same 3) can both of them make concpirancy to challange my fathers right ?
mp
(Querist) 27 August 2015
awaiting reply
Advocate Ravinder
(Expert) 27 August 2015
You have not mentioned the age of the building and rent details. How much rent you are paying. On the above details, it is decided whether the case has to be filed before rent control court or civil court.
A tenant cannot become owner, even if he stays for 100 years or more. The owner can evict the tenant, if the tenant violates the conditions of the tenancy agreement. If there is no agreement, as per the clauses laid down in the rent control act.
mp
(Querist) 29 August 2015
age of building is more than 100 yrs. tenant doesnt want to become owner. all he wants is , he shuld not his rights on place bcos of above mentioned conditions.
mp
(Querist) 05 September 2015
awaiting reply
mp
(Querist) 13 September 2015
is this site or application really working???
Kishor Mehta
(Expert) 26 September 2015
Sir,
You have not stated the state of your residence, every State has its own rent control Act. I presume your state is Maharashtra.
According to the Maharashtra Rent Control Act 1999, your father needs the following evidence to claim continuous tenancy:
[1] Ration Card, Voter's identity card, Aadhar card, these all showing the address of the tenanted premises as residence. Besides other proofs of residence like postal correspondence, in his name, received at that address, etc...
[2] If your uncle also has these evidences, he can claim deemed tenancy by virtue of being blood relation and having residence at that place.
[3] The Landlord can not transfer the rent receipt to his name without written consent of your father.
[4] Your father can reside at that place, if he wishes to.
Good Luck,
Kishor Mehta
