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Mahesh Mukadam (None)     24 April 2018

Lease expired, how and when to start suit.

My father owns a piece of land in Dombivali, Maharashtra. He leased this land on 35 years lease. Leasee built 2 commercial and residential buildings on this land and sub leased to various tenants. My father died and I am the only successor for his estate so I put my name on the property card.  Leasee is also died and no body came forward to claim ownership on these buildings. KDMC declared that this building is old and dangerous and to be demolished. Therewere 65 sub tenants but now only 17 remains occuping some portion of the building.Property card is on my name where as on municipal record it is on leasees name. City is sending notices to leasee to demolish the building but she is already dead. City is not sending me notices because I am not on their record

My questions are

1) Lease is over how am I going to get possession? To whom should I sue?

2) Most of the sub tenant have moved out but put lock on their premises. Can I break the locks and enter the premises?

3) How am I going to get rid of the few occupiers who are not our tenants and never paid any rent

Thanks in advance.



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     25 April 2018

First have an open discussion with KDMC officials and explain facts in writing on record and wait for their move for demolition. You can inform them you are the legal owner, and the lessee is no more, and they can  proceeed legally to demolish the buildings.  Also mutate the property in corporation records providing copy of lease agreement, death certificate of lessee, and copy of your title deeds.  You are under constructive possession and take care to preserve your ownership.

Kishor Mehta (CEO)     25 April 2018

You are the owner of the plot of land and not the structures. Whether the lease agreement was duly registered? If yes, then the terms, conditions and covenants of the lease agreement will apply. You can file an eviction suit, against the legal heirs of lessee and make the present occupants a party, subject to the terms of the registered lease agreement.

Mahesh Mukadam (None)     26 April 2018

I did all these. KDMC do not bother to reply any letters I wrote to them. I have filed several complaints on Apale Sarkar but same thing. As I am living in Canada I cannot persue them constantly. KDMC staff is highly corrupt. Infact one ward officer in my ward  got suspanded for taking bribes. Iwrote a letter to CM Maharashtra but no reply. I dont know how to handle this problem

G.L.N. Prasad (Retired employee.)     26 April 2018

If you think that you can not handle your own problem, forget about it, and dispose the property and do not suppress any material facts during sale.  That is the only way to have the cake and eat it too.


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