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akash (sft ware engineer)     16 May 2011

Bonafied requirements

hellow friends,

my father is running a bussiness of his own on the property which was given on lease taking the pagdi as in those days this was yhe only treand followed,but nw after 35 years the owner of the said property died.on the subsiquent day the owners son declared the property to be his as his mother(orginal owner)  had gifted him property in 1998 before her death and the gift deed is registered.nw due to selfishness of the property he has sent us a notice through court to vacate the premises as he requires it for his son and daughter (though he has the most luxirious house,cars and every thing one can imagine.).

my question is that can he claim the bonafied requirement on a gifted property.



Learning

 5 Replies

niranjan (civil practice)     16 May 2011

Question of bonafide requirement is a question of facts but since now he owns the property he can sue for vacating the premises.

akash (sft ware engineer)     16 May 2011

hi niranjan,

can he really ask us to vacate it despite knowing he has got all the capacity to puchase any type of property.some time ago after he declared the ownership of the property he asked us to sign a new agreement with increased rent, if  we would have agreed to it  we would have come out of the rent control act . so what should we do.......??we even requested him to buy  us some other shop of same area or a little less and if not give us some compensation amount,, so that atleast we could  start a new  business,but he refused.and we are not in a financial position  to buy it  at our own .......suggest  what to do?

 

bhagwat patil (Property due diligence 9422773303)     17 May 2011

you got the protection of rent control act. que. of dispossession will nor arise in near future it will takes decades together.

Sandeep Bhargava (Advocate & Notary)     17 May 2011

land lord will have to file a suit for eviction in court than only he can got it vacated which will consume a lot of time

akash (sft ware engineer)     19 May 2011

hellow mr sandeep,

sir he has alredy filled the suit in the court for eviction and is confident of getting his property vacated as becoz of the same case which happend in our locality in which the landlord was able to vacate his tenants on the ground of banafied requirement ,yhat case took time of only 1.5 years and had gone till supreme court.the property was evicted as supreme court has passed a law that if a person proovees his bonafied requirement than he can get i vacated and on this ground he has draaged us to the court.Earlier he warned us that if we didnot sign a new rent aggrement with him he will drag us to the court and get it vacated and we didn't sign it and so he has filled the petition in the court.plz advice what to do....


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