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shekhar (proietor)     24 September 2010


mr. X was tenent in buildind [1964] to [1980] with three sons with pagdi system. in between owner died but rent recipt was on the name of died owner. on 1980 mr. X shifted in new perchased block. elder son [ A] of mr. X stayed in that old place from 1980 to 1992. again rent reciept was on the name of died owner and mr.X [even mr. X shifted in new place.] mr. X died on 1991 and in 1992 elder son [A] shifted to mr.X new home and third  son B] son of mr X started staying in old place with his wife. this third son [B] died  on 2007. that mens mr. B was stayed at this place 1992 to 2007. rent reciept was on the died ownr and died tanent mr. X .now wife of mr B was staying there.  ownes son decided to hand over the building to reconstruct. builder made mou with mr. B s wife with consulting to owners son. she considered as tenant and noc was taken from her.  points 1 all members of mr X has address of new home on reshan card. only mr. B and his wife has address of  reconstuction space. can mr. A elderson  take objection as the space is fathrs property. till last date recipt was on the name  mr. X and died owner. last few reciept was given by owners son on the his name and name of died tenant mr.X.  Wife of mr.B has tepone bill and reshan card at reconsructe place.  can builder hold agreement on writen request by mr. A. [who is staying at new home since 16 years purchasd by mr. X.]


 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 September 2010

When A is not staying there for 16 years , of which evidence is there, and the tenancy is transferred to B or mrs B (for which again evidence is there), In my opinion there is no reason for the builder to withhold the agreement on the written request of A.  But if the sole tenancy  of mrs B is challanged by A in the court of law, then she will need to prove the same and she has evid to prove it.

shekhar (proietor)     25 September 2010

does this reconstruction will consider as mr. A or Bs fathers s property? m r. B  applied to builder as this is fathers property. one point i will like to repeat that the house where mr.B was staying as tenant. was on mr. X name on corporation record. but mr. X was died 32 yers ago.

shekhar (proietor)     25 September 2010

onmy second reply i mentioned that mr.B is claming fathers properyt. actualy correct is mr. B is staying as tenant and mr A is claiming as fathers property.  the reciept was on the name of died owner and died tenant mr. X for 32 years.

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