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Raymond   04 January 2020

Rad suit for joint tenancy under maharashtra rent act

Hello All,

I am located in Mumbai and want to know can I file a Rent Act Declatory suit in Small Causes Court for declaring me as a Joint Tenant under Maharashtra Rent Act of 1999 u/s 7 (15) (D) of a tenanted property. ?

I had recently consulted a lawyer in Mumbai and he said that filing RAD suit for joint tenancy u/s 7 (15) (D) of Maharashtra Rent Control act of 1999 is not applicable in Maharashtra state. According to him only 1 from the family member can be considered Tenant by small causes court and there is no other option of joint tenant for tenanted property.

There are states like Bihar where such reliefs or decrees can be pass by court but not in Maharashtra under MRA act 1999. This what the lawyer said to me ?. 

My dispute is a family dispute for tenanted property and want to file a suit of RAD for joint tenancy with other family member who is already a tenant.

Can someone please advice ?

 

Regards,

Antonio



Learning

 2 Replies

Dr J C Vashista (Advocate)     05 January 2020

State Rent Control Act(s) differ,from State to State,  it is advisable to consult a local prudent lawyer for better appreciation of fact/documents and guidance/proceeding.

Kishor Mehta (CEO)     05 January 2020

If you reside at the rented premises and if you are blood relative of the tenant then you are protected by the Maharashtra Rent Control Act 1999 on demise of the original tenant you get residential rights. However you have no legal rights to force the

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