Facts as below:
Tenancy exists the Bombay Rent Control Act (Pagdi system)
Tenant name on rent receipt is a deceased person (deceased in 1980)
Old landlord was accepting cash/cheque from legal heir/current occupant and issuing receipt in name of deceased person since 2009.
Property has been sold to a developer (in 2009) and he is now the new landlord(conveyance executed). New landlord is not accepting cheque from legal heir/current occupant. He is accepting cash and issuing receipt as "Accepted under protest" from all tenants who are objecting to redevelopment. (Rent receipt in name of deceased person)
Landlord has begun taking consent of residents without documentating details of new tenements, hence persons are objecting
All other legal heirs have given no objection in favour of current occupant to enable transfer of rent receipt.
Landlord is asking for very old documents such as light bill of 1995 etc. for enabling transfer of rent receipt. He claims that he needs to give it to MHADA for enabling transfer of rent receipt.
MHADA is not a landlord here. Developer has approached MHADA, in capacity of landlord for redevelopment of property for FSI benefit.
Query: -
What are the legal implications if a landlord accepts rent under protest?
What is the legal remedy for transfer of rent receipt? Can he ask for any amount?
Is 70% consent of tenants required for redevelopment ? Or is it now 100%?
