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Pagdi house

(Querist) 07 March 2013 This query is : Resolved 
Dear Sir,

We are having a Shop with room in borivali west. my father and my family were staying there from last more than 30 years.

my no family members are there now my mom, father and bro all are expired. only my self is there.

presently i am staying there in the same house. the owner is telling that i cant stay there.
is he right i am only the varis of this family then y cant i stay there.

Regards,
Sneha
prabhakar singh (Expert) 07 March 2013
If you are living in there right with your father for which you have ration card as evidence and the receipt were in your father's name then you shall be treated a statutory tenant in the building and assertion of your land lord is incorrect.

BUT in case you are married and have not been living herein this premise and have occupied it after his death,and do not have any evidence of co-living with your father,then your land lord is right.
Raj Kumar Makkad (Expert) 08 March 2013
Even if you occupies the house after demise of your father, landlord cannot suo motto evict you. It shall be better for you to obtain an injunction order against the landlord from the civil court.
Sneha Bhandare (Querist) 09 March 2013
Dear Sir,

thanks for your reply. but to get injuction order what should i do where should i go.

please reply.

Sneha
prabhakar singh (Expert) 09 March 2013
In Mumbai such a suit shall depending upon valuation would either lie in City Civil Court or in original side of jurisdiction of the High Court.
ajay sethi (Expert) 09 March 2013
all disputes between landlord and tenant have to go to small cause court in mumbai
V R SHROFF (Expert) 09 March 2013
YES "to small cause court in mumbai"
At Bandra East

And even after marriage, you have right to use and occupy it.


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