Tenancy rights
Amit
(Querist) 06 April 2014
This query is : Resolved
sir I m staying in the city of mumbai in ine of its suburbs.I m staying in a pagadi system of flats. I.e. Tenants. My area of my flat is 180 carpet area. with my wife and one daughter. we r staying here for the last 35 yrs. now there are 36 tenants total in iur building which is some what old and dilapidated. now the owner of the building has sold the building to a developer I.e. a builder who have bought 30 flats out of 36 flats in our building. now he wants me and other flat owners to vacate the building so he can construct a new building and earn a fortune. My qs is,
1 . How much more area can he offer us on my 180 sq ft carpet area. Is there any Thumb rule that I have to get what ever he gives me.
2. can I ask what ever I want from him.
3. can he force us out of my building , cause already a case of dispute is going on in the small cause court.
4 . can I ask a flat in my building after redevelopement in the new building. cause he wants us to get out of my flat and offers me what ever he gives us forcefully.
Devajyoti Barman
(Expert) 06 April 2014
1. After new construction your area would be lessened as per new sanctioned building plan.
2.Not more than what you have right now.
3.No. You can go for restraint order form court of law.
4.Yes, it is right.
ajay sethi
(Expert) 06 April 2014
what is compensation being offered by builder? is he granting you ownerhsip rights in respect of flat after redevelopment .
if case is going on in small cause court he cant evict you forecibly . there must be an injunction restraining builder from evicting you forcibly
Amit
(Querist) 06 April 2014
As u said as per new sanctioned building plan what is the new plan because as per what I hear from people , that the builder have to give u some more space adding to ur existing area of the flat other wise no one will go for redevelopement. can I ask for double my area because the builder is going to earn a fortune and he has to take my permission for going on for redevelopment and if he is not offering me anything y I wil go for a redevelopment.
Rajendra K Goyal
(Expert) 07 April 2014
It is doubtful that the builder would agree to provide double the area. He is there to earn for himself and not for flat owners.
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
