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VIRUDH DEEP (PROP)     16 April 2011

SON'S RIGHTS IN TENANCY HOUSE AS PER TENANCY ACT IN MUMBAI

IN 1940 MY GRANDFATHER COMES TO MUMBAI FROM GUJARAT WITH GRAND MOTHER, THEY HAD 3 DAUGHTERS AND 2 SONS, ALL OF THEM GOT MARRIED WHEN HE WAS ALIVE. ELDER SON LEFT THE LEASED HOUSE IN 1979 WITH HIS WIFE SON DAUGHTER SAYING HE DOES NOT WANT ANY RIGHTS OF THE TENANT HOUSE. ALL THE 3 DAUGHTER DID NOT SHOWED UP LATER TOO FOR ANY RIGHTS. YOUNGER SON GOT THE RENT RECEIPT TRANSFER IN HIS NAME WITH AN TENANCY AGREEMENT WITH LANDLORD (TRUST). MY FATHER IS YOUNGER SON WERE LEAVING HAPPILY WITH WIFE SON AND DAUGHTER. LATER ON HE DIED IN 2003 AND MYSELF GOT THE RENT RECEIPT AND OTHER BILLS TRANSFERED IN MY MOTHER'S NAME AND ENTERED THE RENT AGREEMENT WITH LANDLORD AGAIN.

TILL DATE I..E FROM 2003 TILL 2011 CURRENT MONTH I AM TAKING CARE OF RENT BILLS AND EXPENSES OF THE HOUSE. NOW MY MOTHER WANTS TO LEAVE ALONE AND ASKS ME TO VACATE THE PLACE. IN BETWEEN 2003 TO 2011, I AND MY FAMILY WENT TO PUNE FOR FUTURE STUDIES OF MY CHILDREN (TWINS- SON AND DAUGHTER) IN THE YEAR 2007 TO 2009 FOR 2 AND HALF YEARS. BUT SINCE MY SON WAS NOT ABLE TO SETTLE IN PUNE WE CAME BACK IN 2009 NOVEMBER TO MUMBAI. IN THIS PERIOD ALSO I WAS TAKING CARE OF ALL THE EXPENSES OF HOUSE IN MUMBAI AND PUNE TOO. EVEN I PAID EXPENSES TO MY MOTHER FOR PERSONAL USE RANDOMLY EVERY MONTH OF RS.5000 AND MORE SOME TIMES APART FROM MEDICAL EXPENSES.

NOW I WISH TO KNOW WHAT ARE MY RIGHTS TO STAY IN SAME HOUSE IN MUMBAI?

ALSO WHAT ARE THE RIGHTS OF MY SISTER SHE IS MARRIED IN 2002, CAN SHE COME AND ASKE FOR RIGHTS?

I DO NOT WANT TO LEAVE THIS PLACE AS NOW MY CHILDREN ARE WELL SETTLED WITH SCHOOL AND THEY ARE HAPPY TOO.

IF 3 SISTERS OF MY FATHER AND EVEN SISTER IN LAW OF MY FATEHR (I.E. FATHER ELDER  BROTHER'S WIFE) WANTS THE SHARE THEY CAN COME OR NOT?

AWAITING YOUR SUGGESTION IN THIS MATTER.



Learning

 3 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     19 April 2011

Tenancy rights devolve upon only on the legal heirs who live in the said tenanted premises .... Is ur name and ur family's name listed in the ration card of the tenanted premises ?

Sarita Nakhe (Owner)     29 March 2013

Dear Mr. Dharmesh Manjeshwar,

You said this

Tenancy rights devolve upon only on the legal heirs who live in the said tenanted premises .... Is ur name and ur family's name listed in the ration card of the tenanted premises ?

 

 

 


Now the tenant whose name appears on the rent receipt, expired means dead in the year 2001 and his only son was staying with him after and from tenant's death till year 2010.  From year 2001 to 2010, landlord is giving the rent receipt to his son and taking rent but rent receipt is in deceased tenant's name.  Between these ten years, the son requested to landlord to change rent receipt in son's name but land lord demanded 1 lac for change in name.  As a result son never tried to change his father's name from rent receipt and kept staying in room,  In the year 2011, landlord went for redevelopment of old building with builder.  While giving the name to builder, landlord gave deceased tenant name to builder and orally informed son of deceased that landlord would not give place to son as name on receipt is of father and father is not alive. 

What would be outcome of this dilemma?

yogesh mishra   01 July 2015

in 1950 my grandfather has came in mumbai & they were living alone after few years his cousin brother has came & they have done pagdi receipt in his name & he has gone to village again after few year his son came to live in 1979 and they all our living they also have their documents like ration card etc different &we also have all documets different now they are teling tha this is our house & u should not live here.with both pay equally amount of utility bill,water suppy bill & all documents different  so sir what can i do for my rights give me a suggestion & they can remove us or not but we have the rights because my grandfather has come first we have all documents before them only land receipt they have in their name pls provide me a sggestion


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