30years plus tenancy

Dear Swapanil,

You have mentioned the necessary information. But you have not given the location of the property and in which state it is situated. Every State in india has indepedant tenacy act. the provisions somewhat different from state to state.

if you are from maharashtra then the person or heir residing with the tenant at the time of his death become the tenant only as per the judgment of High Court & Supreme Court - (1) AIR 1996 BOMBAY 338 "Ramchandra Bhikchand Nahar v. Narhar Maruti Udavant"  - (2) AIR 2001 SUPREME COURT 2251 "Ashok Chintaman Juker v. Kishore Pandurang Mantri".

so kindly go through the same and then think about your quary. 

you can file a suit for declaration as to tenancy right and injuction for protection of possession. you can also file application for fixation of standard rent.

kindly think. 

as par transfer property act you are not owner of the property. because you had not transfer of ownership with any deed, like sale deed or others. you r only tenant from starting to today. but you can file suit for any injection or fixation of rent. as per tenancy act.

@atul :- i am staying in mumbai (santacruzwest), mumbai

@atul and umesh :-

1) The transfer of tenancy had not happened from my grandfather to my father (formally) but since he was staying with him at the time of his death, he would become the legal tenant correct?.

2) And if i am with my father then i would become the legal tenant after him, correct?

3) Would my brother or my fathers brothers be able to claim tenancy rights on this property?

4) If i want to purchase this property as a legal tenant (with the builders permission) in the future and become an owner (as per the option given by my builder) - legally can my brother or my fathers brothers claim any right on the same?.(though none of them are staying with my father - the now legal tenant of the flat)

thank you for guidance....its actually giving me good insight and clarity in my thoughts..

regards,

@atul :- i am staying in mumbai (santacruzwest), mumbai

@atul and umesh :-

1) The transfer of tenancy had not happened from my grandfather to my father (formally) but since he was staying with him at the time of his death, he would become the legal tenant correct?.

2) And if i am with my father then i would become the legal tenant after him, correct?

3) Would my brother or my fathers brothers be able to claim tenancy rights on this property?

4) If i want to purchase this property as a legal tenant (with the builders permission) in the future and become an owner (as per the option given by my builder) - legally can my brother or my fathers brothers claim any right on the same?.(though none of them are staying with my father - the now legal tenant of the flat)

thank you for guidance....its actually giving me good insight and clarity in my thoughts..

regards,
 

@atul :- i am staying in mumbai (santacruzwest), mumbai

@atul and umesh :-

1) The transfer of tenancy had not happened from my grandfather to my father (formally) but since he was staying with him at the time of his death, he would become the legal tenant correct?.

2) And if i am with my father then i would become the legal tenant after him, correct?

3) Would my brother or my fathers brothers be able to claim tenancy rights on this property?

4) If i want to purchase this property as a legal tenant (with the builders permission) in the future and become an owner (as per the option given by my builder) - legally can my brother or my fathers brothers claim any right on the same?.(though none of them are staying with my father - the now legal tenant of the flat)

thank you for guidance....its actually giving me good insight and clarity in my thoughts..

regards,

@atul :- i am staying in mumbai (santacruzwest), mumbai

@atul and umesh :-

1) The transfer of tenancy had not happened from my grandfather to my father (formally) but since he was staying with him at the time of his death, he would become the legal tenant correct?.

2) And if i am with my father then i would become the legal tenant after him, correct?

3) Would my brother or my fathers brothers be able to claim tenancy rights on this property?

4) If i want to purchase this property as a legal tenant (with the builders permission) in the future and become an owner (as per the option given by my builder) - legally can my brother or my fathers brothers claim any right on the same?.(though none of them are staying with my father - the now legal tenant of the flat)

thank you for guidance....its actually giving me good insight and clarity in my thoughts..

regards,

Dt- 25.03.2011.

Dear Swapnil Desai.

1)     As to point No. 1 & 2 kindly persue the Judgement mentioned by me in earliar reply of Bombay High Court.

2)     AS to point No. 3 & 4 neither your brother or your uncle can not  claim any righ. Again you go through the Judgement.

You will get the same by party name on Indian Kannon - which is fee site.

Hi Swapnil,

My case is exactly similar to yours. What is your status now ? And what do you plan to do ?

I would like to see you in person. Could you please give me your contact details, postal address etc.

Best Regards

HIMANSHU P. GHOSALKAR

MALAD, MUMBAI

9324496253