Tenancy flat

edgar sylva (Querist) 21 February 2014 This query is : Resolved
Sir,
An uncle of mine was a tenant in a Gautan area in Mumbai since 1938. When he died his eldest son became the tenant; when this son died the second son became the tenant and when he died the tenancy was transferred to the third son by the legal owner (who incidentally had migrated abroad, but was operating through a POA in Mumbai).
The last signed document shows the owner confirming the third son as the tenant under his signature just about 4 years ago.

In 2011, this third son & wife went to live with his daughter & family abroad. Added to this, the owner is believed to have changed his POA and the new POA holder has refused to accept the rent for the flat- it is the understanding of this person that the flat has been locked up by the new POA holder by affixing another lock to the main door.

When the tenant was in Mumbai a few weeks ago, he repeatedly called this new POA holder to meet with him but the latter refused to do so with one excuse or the other.

Cannot this legal tenant send the rent money by Bank Draft directly to the landlord where he is staying ( in Canada)??

Cannot this legal tenant have the illegally put lock on the main door of his flat broken??
(he wants his adult son to stay in the flat)

Is there any law that allows the landlord to just usurp the flat without giving things in writing to the legaltanant??

What expert advise can you give for this kind of a case.
(by the way the flat is worth a lot as in a Gautan (village area) in the heart of the city where the FSI has been multiplied many fold by the Govt.

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ajay sethi (Expert) 21 February 2014
what POA has done is completely illegal . file police complaint against POA . enclose copy of your rent receipt . without court order POA has no business to usurp flat in this fashion . send rent by demand draft along with covering letter by regd post AD

Rajendra K Goyal (Expert) 21 February 2014
Agree with the expert, POA steps are illegal. Go on sending the the rent through draft by registered posts as advised.