yasin quraishy 13 December 2018

tenancy dispute with landlord and brother

my mother died and this property was in the name of my mother..and she has 4 children ..and we three of us staying over but know my landlord has file a case against us ..and said to leave the house because his wife is been paralised and he need the house...and i have also dispute with my big brother because he is telling that he is the sole owner of this house and tenancy agreement is with him...Which was been bought before 25 years ago with a value of 1lac 10 thousand and monthly value Rs 500 at that time...currently 750Rs/month...and my big brother is paying the rent bill at rent centre...

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4 Replies

Kishor Mehta (CEO) 14 December 2018

Your mother was only a tenant and did not have any ownership rights in the property, all blood relatives residing with your mother have residential rights in the property. Your brother can not claim any exclusive ownership rights.

yasin quraishy 14 December 2018

but my landlord has file a case against me...that according to tenancy act ..i have to leave the house ...and he will not pay any amount

Dr J C Vashista (Advocate) 15 December 2018

Be clear whether your mother (or anyone else) has purchased the house or the amount was on account of earnest/pagdi money ?

When the landlord do not want to continue tenancy (if any) no one (including Court) can not compel him (landlor) and you shall have to vacate over a period of time.

A tenant can not question bonafide requirement of the landlord.

Consult your lawyer for better appreciation of facts / documents, analyse and guide/advise you. You may change him/her if you have lost faith in him/her (your counsel).

yasin quraishy 15 December 2018

but i have bought this property in 1992 ...with amount 1lac 20000(750sq.ft)...but he is not mentioning that amount he is just mentioning the month...no my mother didnt sell to anyone..