Tenants applying for ownership of the property
shrivienbee
(Querist) 25 December 2011
This query is : Resolved
There is on old chawl in Mumbai, since 1968. There are 12 tenants. The chawl is build on leased land by 2 partner owners. Rents were paid by tenants with receipt from the owner till 1976 after which the tenants stopped paying rents due to the owners neglected all the requests of repair of the property etc. There is no notice by the owners for the same. Tenenats do not have any proof that they paid the rents and the owner did not accept. Municipal property taxes are also not paid by the owners since 1976.
The municipal issued 3rd notice in the name of the owners for payments of the dues. Tenants are ready to pay the taxes. They wish to apply for ownership of their houses. Is it possible that the tenants can have ownership? What are the procedures to have the ownership? What are the hurdles and laws which cannot allow such?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 December 2011
Tenant is always tenant no ownership , however money paid to MMC will be treated as paid against rent.
ajay sethi
(Expert) 25 December 2011
before the owners wake up from his slumber pay arrears of rent to landlord .
since you have failed to pay rent since 1976 landlord refused to pay taxes . the chawl must be in diplidated condition .
pay of the muncipal taxes claimed . obtain consent of all tenants and with consent of landlord try to go in for redevelopment of chawl .
prabhakar singh
(Expert) 26 December 2011
Law is rightly told by Expert : JSDN -advocate DEFENSE and how to coup with practically is also consequently told rightly by Expert : ajay sethi.Go on as advised before it is too late to proceed.
shrivienbee
(Querist) 26 December 2011
Dear JSDN,
What is full form of MMC?
Guest
(Expert) 26 December 2011
Merely by paying tax money by tenants, the tenants can't be treated as the legal owners of property. However, municipality, if is able to get the property attached, may realise its tax dues by auctioning the property.
shrivienbee
(Querist) 28 December 2011
Why should the tenants pay the municipal taxes as they are not the owners of either the land or the property? In other terms, what are the benefits of paying taxes by them? In front of the chawl, leaving just 2-3 feet is a pakka road, about 2 feet away is a wall of private, on left is anaother wall of another private about 6 feet away, on right is municipal garbage can and then public toilet, the land is on lease and is about 3500 sq.ft. Would there be any buyer who will need to accomodate all 12 tenants and have something left for him? These are the questions raised by some tenants, called themselves as, clevers. Pleas guide me to help those , at least other, poors of the chawl.
Devajyoti Barman
(Expert) 28 December 2011
Yes as per rule of estoppe the tenants can not challenge the title of the landlord.
shrivienbee
(Querist) 29 December 2011
Hello All,
Thanks for your advises and opinions. I draw conclusion as under:
-Tenants will ignore the Municipal notice as it is not issued to them but to the owner
-They will not file any claim for ownership
-They will wait for any further actions by the Municipal, as they waited for last 25 years.
With above, I would like to close the querry, unless somebody wants to contribute for the benefits of the tenants and added knowledge for other lawyers. I shall just wait for another day and close the querry.
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