Ancestral property

Guest (Querist) 14 May 2015 This query is : Resolved
My maternal Grand father had around 650sq yards plot of land in Mumbai alloted by the Bombay Municipal Corporation in 1948, who asked him to pay Rs.2728/- as ground rent for next two years. He then transfered the land to the religious head of our community for building a temple in year 1951. Meanwhile a sizeable amount had accrued to be payed to BMC towards ground rent which was payed by the Rel Head. A consideration amount as mentioned in one of the old correspondance says is Rs.2948/-(which seems to be towards cost incurred on the Ground rent and land filling). Prima Facie, it was an act of charity with no other consideration except the Ground rent payable to BMC.
However, an oral agreement for allotment of a flat and two commercial shops in a proposed building in an adjacent plot existed between my grand father and him and accordingly, in 1960, he alloted a One BHK flat to my Grand Father on tenancy basis which later on was transfered in my Father and Mother's name in 1970. Pl note the shops were not even given to us. Now in 2015, the new Religious head wants to evict us from the flat. He may send notice anytime.
My queries are:
1. Though tenancy is protected by Rent Act, can we also claim ownership to the flat or a permenant tenancy on the ground that being allotees of the flat in view of the oral agreement. The Landlord has already transfered the tenancy from my grand father to my parents joint names and there is also a will to that effect.
2. Can we also claim ancestral rights for any future development of the plot of land.
My parents are very old and are not in position to fight legal battle. We are only interested in protecting our tenancy if possible on a permenant basis and put ann end to the bickerings between the Religious head who owns the property and us. Can you guide on best course of action?

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Yudhish Padman S (Expert) 14 May 2015
Dear Member,

If you are only interested in protecting your tenancy like you said, then file a suit praying for permanent injunction (otherwise than by due process of law). That would suffice. Contact an Advocate for more details.

Rajendra K Goyal (Expert) 15 May 2015
To protect your tenancy rights try to reach amicable settlement or protect through court by filing suit.

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