Dispute about tenant room being redeveloped without legal heir's noc
Anand Shah
(Querist) 14 April 2012
This query is : Open
WE ARE THREE BLOOD BROTHERS; LEGAL HEIRS OF A LATE FATHER WHO DIED IN 1996 AND MOTHER PREDECEASED HIM IN 1987. OUR FATHER HAS OBTAINED ROOM ABOUT 400 SQ FT. IN MATUNGA, MUMBAI ON PAGADI TENANCY ON MONTHLY RENT BASIS SINCE 1940.
WE HAVE STAYED ALL TOGETHER IN THAT ROOMS FOR A VERY LONG PERIOD OF TIME AND FATHER WAS A TENANT TILL 2007.THE LANDLORDS CHANGES FOR FIVE TO SIX IN MEANTIME BUT THE TENANCY OF THE ROOMS WAS NOT CHANGED TILL 2007, EVEN AFTER OUR FATHER'S DEATH IN 1996.
ONE OF THE BLOOD BROTHER IS STAYING IN ABOVE ROOM AND WE TWO BROTHERS SHIFTED ELSEWHERE DUE TO MARRIAGE AND EXPANSION OF FAMILIES DURING THE PASSAGE OF TIME WITH OUR OWN RESOURCES.
DURING 2005 OLD LANDLORD SOLD THE PROPERTY TO NEW LANDLORD WHO IS BUILDER & DEVELOPER WITHOUT CHANGING THE TENANCY IN OUR BROTHER'S NAME AND CONTINUED IN FATHER'S NAME TILL 2007.
IN 2007 NEW LANDLORD STARTED TO REDEVELOP THE PROPERTY BY ENTERING INTO AGREEMENT WITH OUR BROTHER WHO WAS STAYING IN THE ABOVE ROOM, TO HANDOVER THE FLAT IN A REDEVELOPED BUILDING WITHOUT TAKING OUR NOC. IN AGREEMENT OUR BROTHER HAD MENTIONED ABOUT INDEMNITY BOND SAYING THAT ANY CLAIM FROM ANYBODY FOR ANY LEGAL RIGHTS IN FUTURE, HE WILL TAKE RESPONSIBLITY IN CASE OF ANY DAMAGES OR CHARGES.
DURING 2007 WE SENT LEGAL NOTICE TO THE NEW LANDLORD OF THE PROPERTY AND BROTHER FOR OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANCY ROOM AND ASKED NOT TO TRANSFER THE RIGHTS TO THE BROTHER WITHOUT OUR CONFIRMATION IN WRITING.
DURING MARCH 2012, NEW LANDLORD OF THE PROPERTY HAS MADE THE FINAL AGREEMENT WITH OUR BROTHER'S NAME WITHOUT CONSIDERING OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANT ROOM.
PLEASE ADVICE AND SUGGEST PROPER LEGAL COURSE OF ACTION TO BE TAKEN FOR OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANT ROOM.
