Tenancy rights / redevelopment

J Shah (Querist) 06 November 2016 This query is : Resolved
We were residing at Shakti Villa Bldg (PLOT A) on tenancy basis since 1974. Later in 2006 Developer agreed and promised to give me one flat on ownership basis on the same plot of the same carpet area within 1 year of the date of making agreement (notarized but not registered).
Developer has also promised and agreed to give me Rs.7500pm rent for temporary alternate accommodation.
Developer had stopped giving me rent in 2007.
Later Developer Acquired another adjacent Plot B on which Kaya Niwas Building was structured.
Then there after he gave us one flat on plot B new Jaya Niwas building after redevelopment which is not at all as per the agreement.
Now he is asking us to take away the said flat on plot B but we denied to sign on the new agreement for the said new flat on plot B as it is not at all as per agreement.

Tenancy rights are of my grandmother (age 82 years old)

Developer has submitted and got approval of various plans for merger and demerger of PLOT A & B from various authorities without taking our consent.

Developer is constructing a Hospital on plot A without taking our consent.

What is the best remedy/solution out of this case.

Which court (civil/criminal/consumer) is the best options.

and What are the Legal points to be raised before the court?

Follow Query

Report Abuse

Rajendra K Goyal (Expert) 06 November 2016
You should have sent notice and file suit for for rent as per agreement.

Move to court for a stay on the proposed plan which in contravention to agreement terms.

For more deep advice, all the documents need to be referred, it is advisable to consult and discuss with local lawyer.

Kishor Mehta (Expert) 06 November 2016
Sir,
[1] What are the terms of the Agreement?
[2] The Agreement has to be suitably stamped, executed and registered, notarized agreement is not acceptable as evidence in a Court of Law.
[3] Have you handed over physical possession of your residential premises?
[4] Have you surrendered your tenancy rights?
Replies to the above queries will go a long way to clarify your position.
Good Luck,
Kishor Mehta

Kumar Doab (Expert) 06 November 2016
Agreed with expert Mr. Rajendra K Goyal and accordingly local counsel may be approached.

Respond to the points raised by expert Mr. Kishor Mehta-Mumbai.