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electronics (-)     02 May 2017

Pagdi flat surrender

Dear Sir/s,

Need your advice.

Background information: We stay in a Pagdi/Tenancy Flat (building established since 1936) from 1936. My grandfather (since 1936) was the tenant of the same. Currently the tenancy rights are in my fathers name. My fathers younger brother i.e. my uncle still forcefully stays with us inspite of the tenancy rights in my fathers name. The rent receipt & electricity bill is on my fathers name and he pays all the dues. 
Issue Descriptttion: If my Father wants to surrender the flat to the landlord (had a talk with landlord and he seems to be Ok; financial discussion yet to be initiated): 
1. Can we demand for market price from the landlord? Or how much should we quote to him?(Flat is in south bombay with current market price per sq ft area around 40K or just above that for new construction) 
2. Most important, can my father do the deal with the landlord, without telling his younger brother who stays with us.
3. Most important, If my fathers younger brother comes to know about this deal, can he get any legal orders to stop this process? If yes, how can we avoid the same, since we want to go ahead and do the deal.

Regards



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 May 2017

You have to inform to your uncle in writing and get reply from him, since he is a possessor. 

electronics (-)     03 May 2017

Thank you sir for your prompt reply.

This way there is another possibility that my uncle would refuse to surrender the flat.
Issue: Incase he refuses to surrender what options or alternative do we have to surrender the flat.


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