Tenancy query

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
Hi,

I have the following queries :
1) We have been tenants more than 50 years, can we claim our possession on the property, if in case this old 'wada' is taken under reconstruction.
2) we have been paying the landlord the rent on regular basis but no receipt is furnished, now he is demanding 5 times hike in the rent and is denying to furnish us a receipt for the same, we also don't have any written rent agreement papers till now.
3) can we demand the landlord a compensation if we leave his premises.

Kindly let me know what steps can I take.

Thanking you in anticipation.

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ajay sethi (Expert) 08 November 2011
how have you beeen paying rent?

is it by cash or cheque?

in pagdi system earlier there was no agreement . only rent receipt

you can demand compensation as landlord cannot evict you forcibly if you are staying for 50 years

Kiran Kumar (Expert) 08 November 2011
one thing I must clear that a tenant remains tenant...if someone suggests you that you can put your claim of ownership over the property by mere a 50 years long stay then that person is misguiding you....the pleas of adverse possession will not help a tenant.

the tenant may blackmail a landlord for some amount...otherwise there is no legal right to demand compensation.

Querist : Anonymous (Querist) 08 November 2011
@Ajay Sethi : we have been paying the rent in cash till date.

He is now asking us to make a rent agreement for 11 months from now onwards

prabhakar singh (Expert) 08 November 2011
YES! CORRECT ONCE A TENANT ALWAYS A TENANT.

POSSESSION HOWSOEVER OLD DOES NOT CHANGE IN THE STATUS OF RELATION.

UNDUE BARGAIN IS GOING ON EITHER SIDE ONE IN DIRE NEED SHALL PAY WHAT IS NOT REQUIRED BY LAW.

ajay sethi (Expert) 08 November 2011
if you have paid cash what proof do you have that you are tenant. the main point in your favour is you are in posession of property . if landlord wants to go in for reconstruction generally he has to offer tenants accomodation in new building otherwise tenant willo not vacate .

hence generally landlords give compensation

Querist : Anonymous (Querist) 09 November 2011
@Prabhakar Singh : Kindly explain your comment in simple language.
Thank you.

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