Redevelopment of rental property.
Sameer
(Querist) 26 December 2018
This query is : Resolved
There is a company-owned rental (pagdi system) flat (Approx area 1800 sqft carpet). The rental receipt and electricity bill are on the company's name. The families of the two main partners( Real Brothers) used to reside in the above mentioned flat. One family migrated to the native home due to ill health of one of the family member. Recently a builder approached the landlord and acquired the whole building for the redevelopment of this premises under Mumbai delipidated building law and asked every tenant to submit relevant documents to prove their tenantship right. The brother residing in the flat is discussing with the builder to claim the whole flat for himself. My father (his brother) approached the builder with all facts about this flat and ask him to not deal with the residing family alone. More than two months have passed and we have not received a reply from the builder. Please us how to handle this matter.
Adv. Umesh Arora (SCI)
(Expert) 10 March 2020
First of all your matter depends on the terms and conditions of the contract between your father, his brother and the comoany that that they co-owned. Secondly, if you are able to prove your co-ownership, you are entitled to a stay order from the competent court of law and without your father's free consent your father's brother alone cannot deal with the buikder and the said property or anybody in anymanner.
First of all you shoukd approach a good lawyer and obtain a stay order from the court to safeguard the property and your rights.
Umesh Arora Adv
Supreme Court of India
9258008500
