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Vaibhav Bhole (NA)     21 May 2010

Occupant entitle for flat in Redevelopment

Mr “A’” is the owner of the building and the Mr “B” is occupying one of the premises (flat) since 40-50 years. Around in the year 1968, the Mr.” B” and his brother Mr. “C had taken the premises on rent in the name of “C” for the sake of convenience. The rent receipt is issued in the name of Mr. “C” right from starting. The fact is Mr. “C” had left the premises long back and now only Mr.” B” is Occupying the premises last so many years.  

Now the Mr “A” being the landlord had given the said building for the redevelopment and Mr. “B” is claiming a flat in the redevelopment building.  The developers is saying to Mr. “B” that, as the rent receipts are not in favour of your name, so you are not entitle for the flat in the redevelopment building.

My query is whether Mr. B is entitling for the flat in the said redevelopment building even if the rent receipt is issued in favour of his brother Mr C who is not staying in the flat for years together.

 If Mr. B issued Indemnity Bond in favour of the developer then is it suffice?

 



Learning

 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 May 2010

You have to file a civil suit for claiming tanency rights. Study the rent act of your place it will have provisions which will come to your rescue.

Make the deveopler a party to the suit and seek injuction for vacating the place .

1 Like

Anil Agrawal (Retired)     22 May 2010

B will not get anything. Simply put he is a tresspasser. Is there any earthly reason for this 
"Convenience business" 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 May 2010

Things are not as simple , you can not throw away a person with record of long occupation.Reciept or no reciept. It is just a technical problem , if long occupation is proved legal rights can be obtained through intervention of court.

B can get immediate injuction in his favour fron the court to enforce his right of peaceful occupancy.


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