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What to do for tenancy flat ?

(Querist) 11 November 2012 This query is : Resolved 
We are tenants under Rent Act, Mumbai. In 2007 our building owned by a public trust was sold to rogue builder of Mumbai without any intimation to us. The building is in highly dilapidated condition and BMC has ordered it's demolition and did not give us permission to repair these building since 2008. Pl. how do we protect from builder who is not willing to convert our flats in to ownership as is done by all builders ? One advocated has suggested that we do not have right to ask for ownership status in the new building but we can insist on Perpetual Tenancy rights. Pl. advice what to do and what is the reliability of perpetual tenancy agreement?
ajay sethi (Expert) 11 November 2012
is the builder accepting rent from you and giving you rent receipt ?

what is the offer made by builder to all the tenants . what is area bein offered by builder all the tenants .

since BMc has ordered demolition of your building and owner is ready to construct new building insist on proper agreement protecting your interests before vacating premises . contact a local lawyer
Raj Kumar Makkad (Expert) 14 November 2012
Your rights being tenants are protected if the proper agreement to this effect is executed between the owner trust, builder and you tenants. You all cannot become owners of independent flats because the building belongs to public trust and not of you.


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