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Naga   02 January 2016

Property dispute- owner -tenant

My aunt is living in a rented house in Chennai, India for the past 24 yrs. The owner of the house never cared to look at the house all these years..My aunt has the electricity bill for that flat in her name whereas the property tax and water bill is in the owner's name..There was no rental agreement made..As the building is nearing demolition and land prices having gone up, Now the owner suddenly came and wants to sell the house and asked my aunt to vacate the house..My aunt is ready to buy the same house with market rate. But she dosen't want to leave the house as she has been looking after all the repairs and maintenance of the flat for the past 24 years. .Having spend nearly 25 lakhs all these years on the house till date on its maintenance and repairs..Now with the flat going to be demolished in another 3 years, i want to know if any case can be filed by the tenant against the owner seeking compensation and if my aunt has any right over the ownership as she has been residing there for the past 24 years..Kindly suggest an effective way to proceed with this issue..Looking forward for your valuable suggestions..Thanks in Advance



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 6 Replies

ravi   03 January 2016

dear sir,

there is a hall which has the tin shed roof and one main door so could i renovate this because of poor tin shed and its main door is also getting down to the road and because of the rain water fill into it  which spread dangu problem to nebhiours..

so can i renovate the tin shed, main door...

please suggest me  

saravanan s (legal advisor)     03 January 2016

Have you got proofs for the amount that you had spent on the house.a tenant is always a tenant and he/ she can never become the owner

jyotirmaya behera (advocate)     04 January 2016

The house is the name of the owner what ever will change regarding the designee , repair  or any thing other that means all are the owners. For why  3rd person repaid the house. You stay there and what will be the damage that are your responsible.

If you want to purchase the same house then fix the price, made the sale deed and take the possession.

ravi   06 January 2016

 

dear sir,

there is a hall which has the tin shed roof and one main door so could i renovate this because of poor tin shed and its main door is also getting down to the road and because of the rain water fill into it  which spread dangu problem to nebhiours..

so can i renovate the tin shed, main door under the stay order by high court

please suggest me  

moore drake   10 January 2016

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T. Kalaiselvan, Advocate (Advocate)     10 January 2016

@Naga:

As rightly observed by learned advocate Mr. Saravanan, a tenant is always a tenant.  A tenant cannot claim ownership of property for any reason including long time occupation of the rented premise.

If the tenant has repaired and maintained the house/building over all these 24, it was done on her requirement and convenience  only,she was not asked to carry them out by the owner hence she cannot legally claim compensation on it without an valid agreement on this between the tenant and the owner.

She can extend her stay by filing an injunction suit to some extent but that cannot be a permanent solution.  


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