ramchandra (individual) 14 February 2013

Tenant in old delapidated house

My mother owns more than 60 years old traditional build (From Briks,clay , wooden pole One floor and trangular roof) house in my native place. Since in the construction of this house woodon poles are used it is beyond repairs and in delapidated condition. Two tenants are living in that house . Ten years ago I had given legal notice to these tenants stating its old delapidated condition and asking to them vacate the rooms under intimation to local police station and Muncipality, however, the tenant had ignored the notice and continue their stay. So after four years I have got the house examined by registered architect and alongwith his certificate agan sent notice to tenants and police station and muncipality .They again ignored my notice. Alll acknowledgements are with me. Now shall I issue one more notice it is expensive affair and I am getting only Rs.90/- monthly rent. Since my mother is in 90 and solely responsible for any mishap to avoid legal complication please somebody advise me what to do in the matter.

ramchandra dusane

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7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 15 February 2013

OPTION - 1
1. Negotiate with the Tenants, stating that they will be alloted houses, when the "house in delapidated condition" will be redeveloped.

OPTION - 2
2. Keep sending notices with intimation to the Municipal authorities and the police dept., and keep accumulating evidences. AFTER this nobody from your family would be respondible. Once the structure falls, the tenancy rights of the tenant gets over.

Keep Smiling .... Hemant Agarwal

Tripti Nagwekar (Owner) 16 February 2013

Dear Mr. Hemant Agarwal,

"Once the structure falls, the tenancy rights of the tenant gets over."

Under which section, rule of which act, law, tenancy rights finish.

Please advise.

ramchandra (individual) 16 February 2013

Thanks for reply sir

My house is situated in rural, hilly region (Adivasi) area and there is no demand for residential, accommodation. The tenants don't want to contribute for repairing or reconstruction of house since they feel they will get it free. Under the circumstance my mother who is earning nothing has to spend Rs.3,500/- for legal notice to these tenants who pay Rs.45 and Rs.55 rent when they wish. In case my mother send the notice in her own name it will be equal to the notice of lawyer? It will give a great relief to us.

regards and Thanking you

ramchandra dusane

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 February 2013

Originally posted by : Tripti Nagwekar
	"Once the structure falls, the tenancy rights of the tenant gets over." Under which section, rule of which act, law, tenancy rights finish.

FOR: "Tripti Nagwekar:

On this public forum, matters can be "discussed" only in general terms, which excludes "professional and technical questions". Hence in order to get answer to your technical question, you may consult a professional in your area. However, as usual, I will answer in general on your question as follows:

1. The Tenants tenancy rights is limited to the occupancy In the existing structure. Such rights are not perpetual and is revocable, subject to various parameters.

2. Once the existing structure collapes, THEN the tenant has no occupancy rights in a collapsed (non-existing structure) and has no rights on the Land on which the occupied-structure was built. Here the tenant has no rights to re-build any structure on the land of the land-lord. AND since the land-lord has no financial sources to re-build any structure, the tenant cannot exercise his tenancy-occupancy rights in a non-existing structure.

3. The title-ownership of the Land, will always rest with the Land-Lord and NEVER with the tenant whose lawful rights (which is lawfully revocable by the land-lord) can be exercised only over the occupied-structure (built-up)

4. However, had the tenant re-build the structure (with the consent / agreement of the Tenant) THEN the Tenancy rights could be exercised.

for "RAMCHANDRA DUSANE"

As long it is properly drafted and in writing and signed by the sender (land-lord), a notice need be sent thru or signed by a lawyer.

Keep Smiling .... Hemant Agarwal