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tenants

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved 
Hello
In case of reconstruction of a building after demolition, is it required by law to pay tenants any amount for vacating the property and how much. Do the tenants get any share in the property. These tenants have been staying in the building for about 30-35 years

Also, can you advice me on what worth of stamp paper to be used for making the sale agreement with the builder for reconstruction of building. What percentage of property value will it be calculated
Kiran Kumar (Expert) 08 May 2011
you are not bound to pay, as per law, any amount to the tenant in case the building has gone dilapidated and requires demolition and reconstruction.

further, a tenant does not become shareholder in the property due to long tenancy.

however, if you are not interested in litigation for eviction of tenant then you may settle the matter out of court and compensate the tenant. But no law compels you to pay any amount to tenant either due to long tenancy or because of demolition of building.

personally I term such a compensation as extortion amount as tenants are more like parasites and in fact misuse the process of law.
Guest (Expert) 09 May 2011
There is no law that says that tenants may be compensated for vacating building for reconstruction.

However, if the building had already been reconstructed after getting vacated the question arises, what did you promise your tenants for vacating the premises for reconstructing the building?

If you have promised something, better you honour your commitment rather than inviting legal complications that may cost you much more. Naturally the 30-35 years old tenants would not have vacated the building without any promise made by you.

If the building is yet to be got vacated for demolition and reconstruction, better settle amicably, what is in the interest of both the owner and the tenants without inviting any legal hassel.
s.subramanian (Expert) 09 May 2011
Yes. I fully agree with the views of Mr.Kiran and Mr.Dhingra. There is no legal duty cast upon you to compensate at all the tenants.
Querist : Anonymous (Querist) 10 May 2011
Thank you all for the reply


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