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arunkumar (retired)     23 March 2011

Tenants right after building collapse

what is the law for tenant's if the building is collpsed due to old structure.The tenants are not staying there for a long time due to its dangerous condition.All the tenants are not the original tenants whom the tenament was given on rent 60 to 70 years ago.they are the relatives like son or daughter in law or wife of the original tenant The building is located in Pune maharashtra and i think bombay rent act is applicable to them.what happens to the occupancy right of the tenant.if the landlord wants to rebuild the entire building after the collapse..what is the procedure.please somebody advise.



Learning

 28 Replies

M.Sheik Mohammed Ali (advocate)     23 March 2011

have you any agreement that your in tenant at collapsed build, if you have you can ask the landlord, once finished the building work after give premises us for rental basis.

1 Like

H. Shah Shah (Proprietor)     23 March 2011

this suggestion is confusing,  there is never an agreement in a tenanted /pugree property.

landlord does not even collect rent for many years leave alone transferring the rent receipt in the name of the current tenant in possesion of the flat ot shop or room. The person in whose name the last rent receipt was issued may have died a long time ago , so what is the procedure to tranfer the rent receipt in the name of the current holder or the next heir of the deceased if the landlord is not ready to transfer the same willingly on his own with asking for a pugree/premium.

please advise appropriately. 

1 Like

arunkumar (retired)     23 March 2011

thanks for replying.I have already mentioned that tenants are very old about 60 years and original tenants are dead.and the heirs are also not staying there for long time because of the condition of the building.most of them are abroad.tell me if building gets collapsed naturally then what happens to the tenants right as per the bombay rent act.property location pune maharashtra.

B.K.GUPTA... (ADVISOR)     24 March 2011

1.When the tenants are not living in the building it is not possible to get relief from any court of law.

2.As the building collapsed being old no situation of any mutual agreement with the landlord arises and more so when nobody was living there.

3.You have yourself mentioned that original tenants were not in occupation of the premises,this point alone is sufficient enough to loose any type of right/relief.

4.Only one provision was available for a tenant in occupation had the landlord himself wanted eviction for demolition of the building at his own for reconstruction and that too when compromise decree for eviction had been passed by the court.

5. In the particular case the nature/god is with the landlord that the building has collapsed on its own.

2 Like

arunkumar (retired)     25 March 2011

Mr.Gupta,

thanks for taking interest.I am the landlord and the building structure is not good and none of the tenants are staying there because of the dangerous condition.If the building collapses of natural reason then what happens to the tenants right and claim as a tenant,whether we have to take permission from the court to reconstruct the building.please advise.rent we are getting is only 60 rs per month.

B.K.GUPTA... (ADVISOR)     25 March 2011

Mr.Arun Kumar

It would be quite difficult to resolve the matter by simple guidance over the net as many aspects are/may be involved.Personal inspection of the record,sight is necessary.

You have mentioned that rent you are receiving is Rs. 60/- p.m.,whether it is from one tenant or total rent ?Last date of rent received?Period for which the rent was received?When the building collapsed..?

Notice/letter received from any tenant?The tenant who is/are paying rent must have taken some recourse in the matter.

P.R.KABRA (PROFESSIONAL ACCOUNTANT)     25 March 2011

Once the building collapsed( by Gods act), the tenancy is also collapsed.  Tenant has no remedy unless he proves that the building is not collapsed and is demolished or made to collapse with ill will.  The police panchanama is necessary.


If the tenant has immediately erected temporary structure, then the case will be complicated.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 March 2011

Tenancy can not vanish like this collapse or no collapse of the buiding.

indranil lath (proprietor)     24 June 2011

Sir,

I posess a shop room in a building about to be demolished & reconstructed.My late father was the origenal tenant & till now my landlord issues the rent receipt in my father's name,who expired 15 year's ago.

Landlord want's to sale me the proportanate part to me in the reconstructed building,for which i have to vacate my posession in the building.

What precaution should i get before vacating my shop room ,which is my only source of earning my livinghood?

please suggest.

regard's

Indranil

B.K.GUPTA... (ADVISOR)     27 June 2011

Mr Indranil

1.In which state you are residing and the rent control act applicable?

2.Is any suit for eviction pending in any court or tribunal ? If yes, its status.

3.What is the size of shop you are occupying and the rent you are paying? Date of last rent receipt and the period for which the rent was paid?

4.The amount for which the landlord is willing to sell the proportionate part and the actual size?

5.For what purpose the building is proposed to be demolished and the plan for reconstruction.

6.Last but MOST IMPORTANT point- Do not handover the possession without proper preparation of documents and that too after its registration with the Registrar of the city after due payment of registration fee.Although the information sought by me in clauses 1 to 5 above is first required but I have written for registration as it appears to me from your query that all has been settled.If you handover the possession then 99% chaces are there that you would not get back the premises.

One more thing why you are prepared to buy the premises? It reflects that you can buy the prmises anywhere and the need you can establish at a later date would vanish automatically. So do not talk for buying.

1 Like

indranil lath (proprietor)     29 June 2011

Thank you Sir for responding to my quaries,answer of your question are, 

1.In West Bengal.

2.No evicton suit is pending,instade suit for temperory & permanent injunctun against demolishon work is pending.,in which I am the apealent & court has directed to maintain the status-que.

3.shop's size is 150 sq.ft.and the last rent receipt is for april 09 to march 10.(note : For last 5 years Landlord used to give one single receipt for the whole year)although payment is made uptodate but he is now deniying to issue the rent receipt. current rent is Rs.601 per month,which was enhanced from Rs.501 in April 2009.

4.My landlord has proposed me to give the same size of shop in new building@Rs.2,700 per sq.ft.

5.Reason for reconstruction is purely for financial gains but landlord has not shown me any approved plan .

6. Landlord dosent want to have tenants in new building ,and so he proposed me to pay Rs.1,00,000=00 as advance and rest amount in monthly installment of Rs.15000 that too after giving possession in new building and he is willing to accommodate me in another shop room to be taken in rent for the period of rebuilding & construction.

     Sir,with the guidance of an Advocate I have prepaired a deed of sale aggrement and I will surely go for a regesterd aggrement.I relay on my Advocate Mr.Mahapatra but in this case I need a second openion too.please suggest me what further precautions should I take ,so that I am not cheated by my landlord.

B.K.GUPTA... (ADVISOR)     29 June 2011

Mr Indranil

1.Forward me the copy of plaint filed by you for interim and pemanent injunction.

2.Also forward the copy of court's order for maintaining status quo.

3.Copy of written statement filed by landlord.

4.You are strictly warned not to enter into any agreement either for eviction or for sale deed.

Till such time you should keep in mind point no. 6 of my previous message.

indranil lath (proprietor)     30 June 2011

Tank you sir once again, Sir with the suggestion of two Advocate, I have prepared a document & I will surely go for registration after paying  proper registration fee to the registrar .

sir please provide me your e-mail address so that I may forward you the copy of my document's 

B.K.GUPTA... (ADVISOR)     01 July 2011

mr Indranil

You are going on wrong path and it appears to me that you will loose the premises.Well you have consulted 2 advocates but I am 99% sure that you have invited trouble.

I warned you not to enter into any agreement that also includes registration of any type of document.

Once you are trapped into the cluthes of landlord your major portion of life would surely be wasted in the courts and I am confident that no court is going to appreciate your stand.I have cases in my knowledge and am writing to you by the experience gained from such cases.

My email address is bkgupta1212@gmail.com.

Please bear in mind that if you enter into any agreement then I would be able ,only wipe out your tears.


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