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Dilshad Merchant   10 January 2021

Vehicle Parking in society

I am married and live with my parents in my parent's house with my husband and 2 children, in a Parsi Colony. Since the last 30 years the house is under litigation. Now the RAE Appeal stage is going on.
My issue is that I own 3 two wheelers which I park in my colony since i live there. But few days back the Trustees of the Bombay Parsi Panchayat sent me a notice stating that I should remove my vehicles from the colony since I am an 'illegal tenant ' as stated by them in their notice sent to me.

I wish to know:

* Since the litigation is in process and the Verdict is not yet given, can they rightfully or legally call me an 'illegal tenant ' ?

* At this stage, do they have the legal right to remove my vehicles from the colony ?

** Is it necessary to reply to their notice sent by register a/d, or can it be ignored ?
If necessary, can i personally send the reply or is it necessary to reply through my advocate ?

Please guide me.
Thanking you in advance 🙏


Learning

 1 Replies

Kevin Moses Paul   15 January 2021

Rent Control Act has been implemented by the state government to consolidate the law relating to the property rental and eviction of tenants with the purpose of encouraging fair returns on the investment by the landlords and preventing undue harassment of tenants. It applies to residence, education, business, trade or even storage given for the purpose of rent. 1.) According to law, an 'illegal tenant' is a person(s) who is capable of enjoying a property perpetually at the cost of owner of the land and even against his/her will, violating a law or understanding of a contract. Now if the owner of property you're residing in are you're parents, then you are their legal heir and thus calling you an 'illegal tenant' by the Trustees of the colony is totally inappropriate. Although, if the property belongs to a landlord, in whose property you've been residing along with your family, for over a period of 30years and have violated certain laws then you may be termed to be an 'illegal tenant'.Illegal Occupants are in much larger numbers compared to Land-owners, in India. So Illegal Occupants have a larger political clout compared to Land-owners. 2) No before the verdict by honourable court is given, removing the goods (your vehicle's in this case) out of the property (your colony) is illegal. This is because a defendant accused of a crime is presumed to be innocent until proven guilty beyond a reasonable doubt. Therefore, they don't have a legal right to remove your vehicle's from the colony. 3.) Since it's a legal matter involving your property, you should not personally indulge yourself in replying it. Thus you should reply to the notice received by you through your advocate. Hope the information provided above meets the criteria and all you're queries have been clarified.

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