My grandfather had leased out a parcel of land for 50 years to Tenant A.
Grandfather is no more, the only heir, my mother has given me POA.
5 years ago without my consent or knowledge, Tenant A allowed her tenant (Tenant B) to demolish the old structure and build a 6 story commercial building and sell the units to other tenants (illegally). I approached the KDMC but, since they had some years left on the lease, they allowed the construction.
The lease agreement has a clause in it, that the lease can be further increased to 25 years, if no lease clauses were violated, which they were.
Tenant A has died, and as I understand that here right died with her. Tenant B is not my tenant or has any rights in the original lease agreement.
Property is located in Dombivili, Thane, Maharashtra, right opposite the train station.
The lease has ended Nov 1, 2009. and I have no intentions of releasing the land.
There is a newly constructed building on the land, and Tenant B has approached me to release the land for 25 years and to let the tenants form a society, which I know if I allow that, I loose the property forever.
What I want is the land back, so to all you legal experts out there, what are the steps to obtaining my goal?
Please note, that I live in Canada.
Thanks in advance.
Sameer Thakur