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bomneedhelp77 (owner)     21 September 2022

Lease assignment dispute after 50 years

We are lessees and flat owners (owners association) on a plot of land in mumbai since the 1950's

Original lease was in 1930 and then subsequently assigned and re-assigned

Lease rent was being paid regularly till 2002 when lessor refused rent

Now lessor is trying to claim that our lease assignment of the 1950s was illegal since it was without his consent.

Lessors consent document to lease assignment cannot be found.

Lease rent receipt are in the owner associations name.

Now lessor is trying to redevelop and doesnt want to give us our share and trying to imply that our stay is illegal. Lease is invalid etc. 

What options do we have to declare our rights as lessees ? Is statute of limitations past since 60 years have past since lease assignment ? Can we file declaratory suit to assert our rights as lessees ? Experts please advise

 



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 1 Replies

Sreejith S   27 September 2022

The only remedy available for you is to check whether any clause mentioned about termination of the lease deed if so fight at court and get a interim injunction order and also a direction to not to vacate you from the premises till the disposal of the suit. in my view they will file a suit against you for eviction and the suit you file will help you to defend their case in future as well as you will get a interim order too. for further opinion i gotta verify your lease deed.
Regards
Adv. Sreejith Mannadiar
Ph. 7736662166
e-mail - adv.sreejithmannadiar@gmail.com

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