Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Devrishi Vijan (--)     15 May 2011

Vacant land Tenancy

This is query is related to Vacant land Tenancy followed by M.C.G.M.

My uncle had been alloted a municipal land in mumbai in 1951. In 1975, he gave the possession of the said land to my father without transferring the tenancy to him. Since then upto 1995, my father maintained possession and paid rents in a timely manner. After my father died in 1995, since then I have been in possession and have been paying the rent from time to time. Though my uncle expired in 1980's, the rent receipts continued to be issued in the name of my uncle as the Tenancy was in his name as per the records. The rent was paid by cheques from our personal accounts upto 2001.

My query is that since my father and I have been in possession and have been paying the rent since 1975, do we legally become the Tenants of the municipal land by default.

Kindly, cite the related laws and judgements


 1 Replies

G.Nagarajeshwar Rao (Advocate)     15 May 2011

What are the terms of lease agreement in between Municipal and your uncle. If there is bar to give sub lease, you can not claim any possessory right over the land instead of your uncle. Your uncle is the original tenent of the land. Therefore your possession is not valid one. Genarally in such lease terms no sub lease will be provided.  

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register