Dear Sir,
We are staying in a rented flat of a building in Kolkata since last 40 years. The original owner has formed a trust for the same and appointed his wife, sister and son of sister as trustee for the whole building. After the original owner expired his wife has adopted a girl and get her married. The girl and husband both were staying with the land lady and as due to age she gifted the house to the girl and his husband by virtue of a registered Gift Deed. Now the main point to be consider now is that originally my elder brother was tenant, after that the tenancy was changed to my fathers name and after expiry of my father the tenancy was changed to my mothers name and this changes was done by the owners. Now we are being pressurised to vacate the flat or buy the same. Now my question is on verifying the documents we found that the trust were having three trustee but the gift deed has been signed by single trustee and on asking we were told that other two trustee has given NO INTEREST DECLARATION but not Having seen the same. Now I request seniors to suggest whether present Landlord can compel us to vacate the flat inspite of paying regular rent with 10% increment every 3 years. Secondly does the TRUST stands to be legal with only one trustee and can the same trustee can Gift the property at her own will without having any legal relation with the person concerned. Thirdly If we purchased the same from the exisisting Landlords - will the other trustees will have any right in future upon the same property or can demand anything from us in near future.Fourthly when my mother's presence will not be there will my nephew(Son of original first tenat) gets the tenancy right automatically. Awaiting an early reply from learned senior Leaders.
Thanking you,
YOGESH SHETH
