Tenancy rights
Querist :
Anonymous
(Querist) 24 April 2011
This query is : Open
My parents stays in a rented flat of the Bombay Parsi Panchayat Trust in Mumbai since 1960 with my grandfather and my father's two brothers alongwith their families. The rent receipt was in my grandfather's name. My grandfather expired in 1983. The rent receipt was then transfered in 1987 in the name of my father's elder brother by taking the NOC of all the brothers.
In 1985 my father's younger brother shifted residence to Ahmedabad alongwith his wife and two children. He and his family have been staying in Ahmedabad since then. My father's elder brother expired in 1997. His wife still stays with us in the rented flat.
In 2009 my father applied to the Bombay Parsi Panchayat Trust for transfer of rent receipt in his name and also asked the Bombay Parsi Panchayat Trust to delete the names of his younger brother and his family (i.e. wife and two children) as occupants in the flat, since they are residing in Ahmedabad since 1985.
My father's younger brother is not agreeable to deletion of their names as tenants in the flat and hence they are not providing us the NOC. They claim that they have a right to the flat as legal heirs.
My question is does my father's younger brother and his family have a legal / tenancy right to the rented flat especially since he and his family are not staying in the flat since 1985. Do they have any protection under the Bombay Rent Act ?
