Rent to occupier on redevelopment? eligible. or to owner
ajay kumar
(Querist) 09 August 2015
This query is : Resolved
I have vacated the flat i was living in for over 25 years for redevelopment, as per a high court order on the builders application. the flat is in my brothers name. all amounts (corpus, rent, etc) had to be deposited by the builder in court as per order. i do not have any alternative accommodation. can i get the rent amount. no rents were paid to my brother earlier. was purely an internal family arrangement. what would be remedy open to me.
The points in my favour as i see them are:
The HC order also states that the sessions court shall decide who gets he amounts and in what proportion. This was not considered as the plaintiff did not press for these relifs during hearing. He only pressed for corpus.
The HC order is on a petition by the builder. How can the owner get benefit of putting me on the road. Let him file a case for the same. I can then answer all charges, as to how the flat was purchased in the first case, my contribution towards it, etc.
If the owner had handed over possession, he was entitled. Since the HC has asked me to hand over possession, I should be entitled.
Am not fully knowledgable of the sections, etc. But surely as an occupier I too have certain rights. There is no case against me for trespassing, unlawful possession, etc.
This arrangement was purely as an internal family arrangement. Can 1 member unilaterally change the same. Agreed it was only verbal and implied. Nothing on paper. But then for over 25 years I have lived there.
Kindly advice.
Chanchal Nag Chowdhury
(Expert) 10 August 2015
The Flat is in the name of your brother. What right do U have? Check the HC order for yor rights, if any.
ajay kumar
(Querist) 14 August 2015
Sir. The points in my favour, as I see it, are: Have lived here for over 25 years. Vacated as per HC order. Order also states that the sessions court to decide who gets the amounts deposited by the builder in suit account, in what proportion. The rent aspect not considered by sessions court, only corpus considered - to be in suit account. Handed keys to builder, not to society or flat owner, as per HC order. Not a tenant / landlord relation. Purely as a family arrangement. Can a family arrangement be changed unilaterally, to put 1 member on the road. Do not have any other alternative accommodation. My plea is to maintain status quo. Since I have vacated, I request that I be given rent for same. Not contesting the corpus etc. These may be decided in due course. But rent is essential for day to day living. Do advice. Thanks.
T. Kalaiselvan, Advocate
(Expert) 17 August 2015
Since you are the not the original tenant, you may not be entitled to any relief, you have misread the high court order, you may go through the order once again for better understanding. Just residing in somebody's place for a long time cannot confer ownership/tenancy or any other title on you.
