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Punit (NA)     20 May 2013

Tenants right to land

Sirs, could you please suggest on the following case:

In Kolkata, a piece of land with a pakka shed, was and is still being used as a Godown by a tenant.

In the 1970s, the owner of the land filed a case against the tenant for eviction, which as the case progressed, was turning beneficial for the tenant. The tenant who still holds the piece of land, pays its rent to the rent control since the time of dispute, however property tax receipts/charges hasnt yet been received by the tenant.

The dispute case, was dismissed as the original owner, died, in late 1980s, and left no true blood heir in India. Its being said that the owners sons are happily settled abroad and have no desires to return.

Now in this event, can the tenant claim the land as his own, demolish the shed, and construct a building in its place?

(Please note, the dispute case was dismissed by the Kolkata court as the owner didnt appear for prolonged summons).

 

Also, if the owner, has a distant relative here in Kolkata, and there is no will, which leaves the disputed property owned by the owner, for him, can this person, raise an objection for the purpose of construction of the building?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 May 2013

The Bill legalised the tenants' virtual right to inheritance, while it assured landlords a "fair" rent and made tenants share the municipal tax burden.

hardik (salaried)     21 May 2013

Sir, Can you please guide me after reading the below matter,

I reside in a tenanted chawl since last 30 years. The Landlord of the chawl died leaving behind his 3 sons. But no one was interested in collecting rent from us, still we have paid rent to the eldest son and received the receipt mentioning the name of the landlord (Late Mr. _________) signed by the eldest son on behalf of the Landlord. Is it Legal to give rent to the eldest son as all the taxes are paid by him. Further the landlord is not interested in maintaning the chawl nor is he interested in redevelopment, as the chawl is nearly 50 years. Is there any way in which we the tenant can force him to go for redevelopment.

Kindly advice me on the above matter. You prompt reply will highly appriciated.

Regards


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