Tenented property
Samarth
(Querist) 11 April 2012
This query is : Resolved
I am the landlord of a chawl consturcted prior to 1940 in south Mumbai. The same building's other wing(chawl) is owned by Mr Shah. We have a common staircase
One of my tenant's father had one room each (120 sq ft) in both properties as a tenant. When the father died one of the sons got a concent from all other members for requesting a transfer in his name.
The other landlord has done it for some own reasons. The tenant is now applied to me for doing the transfer.
My question is - Can I refuse the transfer saying that the said tenant already has a teneancy in other property and that the same tenant can't have two tenancies or properties under the rent control act?
Also Can I demand that in case the building goes for redevelopment, I get say 50% of the benefit of the increased area?
Please suggest as eventually in redevelopment - the tenents would get more that the landlord due to such rules.
Raj Kumar Makkad
(Expert) 12 April 2012
1. You can't do so as you have already waived off in case any such condition existed in Rent Control Act when the father of the applicant was holding the tenancy from both landlords.
2. You can impose such condition but beware in mind that right to tenancy is transferable in succession and what ever already settled with the father of the applicant shall be the base of subsequent agreement.
Samarth
(Querist) 12 April 2012
Thanks Sir.
The tenancy with the father was very old and no specific settlement has been even discussed with the father.
In such case, in case I insist on the clause that 50% benefit would be passed on to the landlord, and if the applicant agrees, would this agreement be enforcible when the redevelopment actually takes place?
Any suggestions Sir? Thanks
