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Swapnil Desai (jhkj)     24 March 2011

30years plus tenancy

I am born and brought up in the house that i am staying in since 34 years now. The house is a rental where the tenant is my grandfather who expired in 97. I have been staying with my father, who has been staying since 1970 with my grandfather. The tenancy agreement is not transferred to my father's name (he has 2 more brothers and a sister) though he pays the rest every month. The telephone bill has been transferred in my name but the electricity bill is not (as they are asking for a letter from all heirs + the builders ok + a valid agreement etc)

I pay for the maintenance of this flat including all society charges, water, electricity, building depreciation and reconstructions etc and want to be the legal owner of this flat.

My question is :-

1) Can i become a legal owner - on the grounds of the number of years i have stayed in this tenancy property?

2) If not then what is my alternate? The other heirs will not allow the ownership to transfer in my name as we are staying in prime area (they are not paying any reconstruction or damage charges but are enjoying the property appreciation - i am investing towards an almost dead investment?)

3) we are two sons - but my brother does not stay with my parents - he lives independantly - can he make any claims also?.

kindly advise

thanks and regards,

swapnil



Learning

 8 Replies

Atul R Rumale (legal consultant)     24 March 2011

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. 

1 Like

Umesh Bhatt (advocate)     24 March 2011

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.

1 Like

Swapnil Desai (jhkj)     25 March 2011

@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,

Swapnil Desai (jhkj)     25 March 2011

@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,
 

Swapnil Desai (jhkj)     25 March 2011

@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,

Swapnil Desai (jhkj)     25 March 2011

@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 R Rumale (legal consultant)     25 March 2011

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.

Himanshu (Proprietor)     29 October 2011

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


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