Tenancy rights - mumbai, maharashtra
sagar
(Querist) 03 April 2014
This query is : Resolved
Mr. A was staying with his Five Children Boys C1, C2, C3, C4, C5 (based on age)and his Wife W in a rented apartment R of a chawl in Dadar , Mumbai , Maharashtra. He was tenant and the rent receipts were in A's name.
In 1975 , Mr A died due to kidney failure. His Children and Wife continued to stay in the rented apartment till 1978, the rent receipts continued to be in name of Mr. A. In 1978 , Wife W along with the 5 Children moved to another residence in Dadar although the rented apartment was used for storing certain household items and rent continued to be paid.
In 1982, Children C2, C3 started living separately while C1, C4 and C5 lived with their mother. In 1989 , Wife W died of natural causes. Children C3, C4 and C5 used the rented apartment R for storing business material. In year 2000, after some disagreements between children , Child C5 parted ways with his brothers. Child C5 changed the lock of the apartment R and started storing his household items in the Rented Apartment R. He collaborated with the Owner of the Chawl and changed the rent receipts in C5s name . He claimed the apartment R now belongs to him although he did not use it for residential purposes.
Recently in 2014, the chawl is planned to undergo redevelopment , the Builder has now made an agreement with child C5 for a flat in the new building and would also be paying the rent during the three years of redevelopment.the Builder is not entertaining other children C1, C2 , C3 and C4 . the Builder says C5 is the occupant of the apartment R and he will do the agreement with C5 only.
do children C1 - C4 have any legal option?Can they claim rights in the new flat and offered rent during redevelopment. If yes , who should they file a case against; the builder or their brother C3? Is it compulsory for all children to file a case or any one of the C1 to C4 can do that ?
Kindly help with a logical solution.
ajay sethi
(Expert) 03 April 2014
rent receipts have been transferred in name of C 5 in 2000 . what were you doing for 14 years ? naturally builder will deal only with tenant . if other legal heirs have any claim they should move court for an injunction restraining builder from delivering flat to C5
T. Kalaiselvan, Advocate 
(Expert) 03 April 2014
Yes advised by Mr. Sethi, the other legal heirs of deceased A can move civil court of law for injunction and other reliefs.
