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
Querist :
Anonymous
(Querist) 19 December 2024
Thank you for your response.
Just to elaborate, there is no landlord-tenant relationship here. The person living with his family in the flat and the owner (who has not lived in the flat for the past 40 years) are related to each other (brother-in-law & sister-in-law). There has been no formal agreement between them on paper. The person (now retired) has been living in the said flat due to internal family arrangement.
Is there any way he can protect his and his family's living rights in this case, since the owner is not co-operative in this matter and that the society is getting ready for redevelopment?
T. Kalaiselvan, Advocate
(Expert) 19 December 2024
If the owner had been accepting the monthly rental amount so far then the landlord tenant relationship is established.
Without properly understanding the answer don't repeat the question in different forms.
Querist :
Anonymous
(Querist) 20 December 2024
Apologies for mentioning about rent in my earlier query. Correction: There is no rent paid to the owner.
The person living in the flat has been paying monthly maintenance to the society and paying for the utility bills like gas and electricity and overall upkeep of the flat from his own pocket. Hope this helps.
T. Kalaiselvan, Advocate
(Expert) 20 December 2024
Then he can file a suit for declaration to declare his title perfecting law of adverse possession on the basis of documentary evidences to prove his long possession of the property.
Querist :
Anonymous
(Querist) 21 December 2024
Many thanks for the quick response Sir. Truly appreciate your time and inputs here.
If I understood correctly (and please correct me if wrong) that filing of a declaration suit declaring his title under adverse possession will confirm his ownership on the flat nullifying any rights to the title the present owner has?
Also how long does this entire process of filing the declaration suit and outcome from the honourable court take on average (given that the society presently is in the stage of finalising the builder for redevelopment)?
T. Kalaiselvan, Advocate
(Expert) 21 December 2024
The suggestions were made only for the relief to be sought from court.
You can enquire about the practical issues from the advocate you are likely to engage because the time taken for disposal and also the outcome of a civil suit cannot be predicted owing to various factors involved, you may properly conduct of trial of the case.
You can file an injunction application also seeking temporary injunction restraining the proposed redevelopment activities till the disposal of the suit.
P. Venu
(Expert) 04 January 2025
The facts posted suggest the person to be just a caretaker. Being so, he cannot have any claim based on adverse possession.
Querist :
Anonymous
(Querist) 05 January 2025
So, how does the person protect his living rights in this situation if not based on adverse possession?
T. Kalaiselvan, Advocate
(Expert) 06 January 2025
Instead of solving the issue legally you are trying to find answers by repeatedly posting hypothetical questions just because this is a Free legal forum.
You have consulted a local lawyer with the relevant papers which indicates that you are not serious about this except posting a question of academic interest alone.
Querist :
Anonymous
(Querist) 06 January 2025
The response posted by P. Venu on 4th January above contradicts the response you have provided about adverse possession. Hence the follow-up question.
I have no academic interest here and the issue I have described above is real and not hypothetical. If you cannot answer the question, please refrain from passing judgements on the forum.
T. Kalaiselvan, Advocate
(Expert) 06 January 2025
This is nothing but abuse of free advises rendered by various experts, if you are knowing everything nothing prevents you from proceeding in the manner known to you instead of finding faults on the experts here and disregarding heir efforts made to render their valuable opinion.
Querist :
Anonymous
(Querist) 07 January 2025
Relax, there is no need to get worked up. If you read my posts above, I have been polite and always appreciated your time and opinion. Since the adverse possession point was mentioned as not applicable in this case by another expert, my follow-up question was for him and not you. With your subject matter expertise, instead of being rude and condescending, if you learn to be a little polite and humble, that will help you in the long run. Have a good life!
