Tenants right who has been living for more than 26 years

Sir,

I take it that you are residing in Maharashtra, and are a legal tenant of the landlord. In which case you are fully protected under Maharashtra Rent Act 1999, and the landlord can not make you vacate if your have been paying the rent regularly and have acted in contravention of the sections of the Rent Act.

In reply to your queries:

(a) It is not compulsory to inform the tenant whenever the landlord decides to redevelop his property, however it is necessary to inform him as his consent is required as he has the right to be rehabilitated in the new building.

(b&c) The communication may be in writing or verbal, however the tenant should insist on a registered document from the landlord and the redeveloper assuring him an alternate premises, of the same carpet area, in the new building at no cost (free of charge). The tenant should not give possession of his tenanted premises before he gets a registered document as above.

(d&e) The tenant can not ask a share in the property all he can ask for is an ownership flat, in the new building, of the same carpet area as his tenanted flat, in lieu of his consent.

(f) The landlord can not force you to vacate, he has to file an eviction suit in Small Causes Court.

You may consult an advocate in the matter.

Good Luck,

Kishor Mehta

Thank you very much Sir Kishor Mehta for your reply. Your reply is a big relief for me and my family. 

I would like to say that the residential property being talked about is located in Kolkata (State: West Bengal).

Will the above reply will hold good or be different ???

Sir,

I took it for granted that you are a resident of Maharashtra, hence the advice. The West Bengal Rent Control Act and the Maharashtra Rent Control Act differ in certain aspects, it will be advisable for you to consult a local advocate immediately.

Good Luck,

Kishor Mehta

I agree with Mr. Kishore Mehta's views about the Rent Control act which pertains to the state of Maharashtra.

A few hints:

you can be evicted only under certain specified grounds which includes non payment of rent , subletting of the premises, bonafide requirement of the landlord etc.The landlord under such circumstances is liable to serve you with a notice under Section 106 of the Transfer of Property Act giving 15 days time on the expiry of the tenancy month for terminating the tenancy. Thereafter, he has to file a suit for ejectment which will be tried by the Court. The landlord cannot forcibly evict you from the premises and the procedure before the Court will take few years to be decided.T

The provisions of section 6(1)(c) of the West Bengal Premises Tenancy Act, 1997 states as follows :

where the premises is required by the landlord for the purpose of building or rebuilding or for making substantial addition or alteration thereto and such building or rebuilding or substantial addition or alteration cannot be carried out without the premises being vacated;

In the above circumstance too, the landlord is obliged to give one month notice period within the tenancy month to the tenant, otherwise he cannot get him vacated.

for further clarifications, you may consult a local lawyer on the subject query.