Rigth
rajshina
(Querist) 05 June 2014
This query is : Resolved
Dear Sir / Madam
I am residing in mumbai pagdi type building this building are 60 years old & 27 tenants in building structure are ground plus 2 floor. 8 tenants are residence& 19 tenants are commercial (made by landlord). That time building are very poor condition In so all tenants are thing & ready to repair but landlord are not ready to give permission for repair and b.m.c are also not given us that . my query are this.
1) My room are rent recipt name in my mother and she is dead sines 1999 and my father also daed sinev2005 and I resding here from my berth. I regular paying rent .
2) If that buliding are demolies by b.m.c. or collieps than my I got my mother room ?
So plz your best advice gives us.it is very urgent case .
Kishor Mehta
(Expert) 07 June 2014
Sir,
[1] If you have been paying the rent regularly and have all the rent receipts with you, if you also have other evidences like Ration Card with your name incorporated in it and other proofs of your stay at the building you are protected by the Maharashtra Rent Act 1999.
[2] There is a recent amendment, u/s 353B, to the MMC 1888 rule about structural audits of buildings which are more than 30 years old. Your landlord will be forced to repair the building under this amendment.
[3] In case of redevelopment of the building you will have to prove your tenancy rights with the evidences you have, and then you will be allowed alternate accommodation in the new building.
Good Luck,
Kishor Mehta
rajshina
(Querist) 08 June 2014
Thx, sirji
all tenants hve structural audits of buildings reports but b.m.c are not give the permission & lanlord also. both are say building are dangeres so i not given.then what i do ?. plz .
rajshina
(Querist) 08 June 2014
Thx.sirji
I have all doc. like pan card my birth certificate, my marriage certificate, my mother& father dead copy, all paid rent receipt from day 1st including deposited receipt also & lite bill also & my son & daughter birth certificate also. My adhere card also, my voter id also & ration card also & L.P.G.card also. My i.tax return fills also my bank a/c book also.
Kishor Mehta
(Expert) 08 June 2014
Sir,
If you have all the necessary evidences to prove your stay at the flat, landlord can not make you vacate.
For repairs, please approach the Ward Officer of your MCGM ward and make a request in writing to him to issue a notice u/s 353B for the structural audit of the building.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
I fully agree with the opinion expressed by expert Mr. Kishor Mehta on the subject issue. The landlord cannot evict you from the house because it is continuous tenancy even after the demise of original tenant, being continued by the heirs of the deceased. You may follow the advise rendered by the said expert or can consult a local lawyer for further issues.
rajshina
(Querist) 11 June 2014
Thx, Sirji,
Mr. Kishor Mehtaji sir you say of 2] There is a recent amendment, u/s 353B, to the MMC 1888 rule about structural audits of buildings which are more than 30 years old. Your landlord will be forced to repair the building under this amendmen
YA I RECD THIS ABOVE NOTICE BMC.
MY QUERY ARE structural audits SUBMIET TO BMC AFTER SHE IS GIVEN THE PRMIISION TO ALL TENANTS?
& AGN. THX, FOR YOU & ALL DEAR SIRJI
