cpc

Rent receipt not in name

This query is : Resolved 
 


Querist : Anonymous (Querist)
18 October 2020

Dear Respected Members,

I seek for your help for below subject.

Me and my family (3 generations:me, father, grandfather) have been living in a pagdi system room for last 40+ years in Central Mumbai. However the rent receipt is on the name of my grandfathers brother and the house was being given by him to my grandfather in mutual understanding. Both of them have passed away now.

However, no paperwork was done and the rent receipt and electricity bill is still on my grandfathers brother's name. The brother has 3 sons and 2 daughters (related as cousins to my father) out of which only the two sisters are alive.

We have below documents on our name
Passport
Aadhar card
Voting ID
Gas bill
Domicile certificate

The landlord is refusing for transferring the rent receipt name. Also, my fathers cousins have seen an opportunity to take share in the money and as such have refused to sign any NOC.

The building is in a very terrible condition such that it is not possible to continue living there. In this case we want to lock it away and live elsewhere on rent.
However this would end our occupation/possession.
Also, in case of redevelopment what chances do we have of getting on our name.

Kindly advise what would be the best course of action.

Regards,


Dr J C VashistaOnline (Expert)
18 October 2020

Since the building was rented to brother of your grandfather, you have no claim as your grandfather and next generations used the premises as gratuitous occupants.

Dr J C VashistaOnline (Expert)
18 October 2020

Since the premises is stated to be unfit for habitation it is advisable to contact and consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

Advocate Bhartesh goyalOnline (Expert)
18 October 2020

Since the premises was let out to your grand father's brother and after demise of your grand father's brother rent receipts are being issued by landlord in the name of your grand father's brother generation . you and your family members are not tenant but illegal occupant and an illegal occupant can not claim over such property.Any how contact to local lawyer for further action and guidance.


Querist : Anonymous (Querist)
18 October 2020

Thank you for your advice.....what may happen in case of redevelopment?

P. Venu Online (Expert)
18 October 2020

The issue is delicate. An amicable solution is the best way; outcome of any legal action would be uncertain.

Isaac GabrielOnline (Expert)
18 October 2020

Documents you hold can illustrate your permanent resdence, but not a title.Neverthless since the pagadi system property may fetch you some befits.Consult local lawyer experts of your intentions.

Rajendra K Goyal Online (Expert)
18 October 2020

Legally you are on a weak footing.

Try to have amicable settlement with your relatives and landlord.

kavksatyanarayanaOnline (Expert)
18 October 2020

It is better to vacate the house in which your family is illegally continuing it.



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