Protection of living rights
Querist :
Anonymous
(Querist) 18 December 2024
This query is : Resolved
Someone I know very closely and his family have been living in a property in Mumbai for the past 40+ years. The property is owned by his sister-in-law who used to live there but left with her family 40 years back.
There has been no explicit permission given or taken between him and his sister-in-law towards him living in the property.
During his stay, he has paid the rent, bills, maintenance and upkeep of the property. The housing society where this flat is, is getting ready for redevelopment.
The owner who lives elsewhere now wants the property back and has been threatening him and his family to vacate the property. As the owner is hostile, and does not want to arrive at an amicable settlement.
Is there any provision in the law that will allow his and his family's rights to be protected under this circumstance? How can he protect his rights and can he claim right to the title since he has continuously lived here for 40+ years?
T. Kalaiselvan, Advocate
(Expert) 18 December 2024
Tenants have limited rights in a society redevelopment, but they cannot dictate the terms of the redevelopment:
Limited rights
Tenants can't expand their rights to the detriment of the property owner.
Can't dictate redevelopment
Tenants can't take over the redevelopment or force the owner to redevelop the building in its original state.
Alternative accommodation
Tenants are entitled to alternative accommodation of similar size to the one they occupied before the building was demolished.
Since he had been paying the rent as well as utility bills he can establish landlord tenant relationship
