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Pramod Acharya (Security Officer)     10 May 2010

My niece asking to vacate her father's room

  1. I am 70 and living in my own flat in Mumbai, since year 2000.
  2. I was living with my elder brother (elder to me by 15 years) in his rented house in a chawl since 1945.
  3. In 1956 my elder brother moved to a different city due to his job and later in 1978 he died. His wife died soon after that. He has got 1 daughter, who is 50 today.
  4. In 1956, because I did not have a home in Mumbai, instead of surrendering the rented house, my brother kept the rented room for me and since then this room is in my possession, even today. I have been paying the rent and the electricity bill, though both these documents are on my elder brother’s name.
  5. Now my elder brother’s daughter is asking me to vacate the rented room. I told her to pay me something and I will vacate the room, but, she says,” My father did a favour to you by NOT surrendering the room when you were in trouble. Therefore, I will not pay you anything, because, you stayed in my father’s house for so many years, and therefore you paid the rent and electricity. Moreover, nothing comes free in this world. Uncle, in fact, when you got your own flat in 2000, you should have given my father’s flat back to me without asking”.
  6. Today, I received a letter from my brother’s daughter. In letter, she said,” Uncle, I have surrendered the room to the owner of the Chawl and told him that he will get his room vacated after 30 days. Therefore, uncle, you must vacate the room in next 30 days.”
  7. What should I do today? What will happen if I do not vacate the room in next 30 days?   

Thanks for help



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 May 2010

your brother's daughter has no right to vacate you from the rented house, she had no rights to do so because she is not a owner of the house. Any how you are paying the rent to the owner so you are the tenent of the owner so discuss with the owner and remain was tenent in the same building. Yur brother's daughter's notice sent to you is loose its imporantance if you continued as tenent of the owner of the building.

bhagwat patil (Property due diligence 9422773303)     12 May 2010

Do not vacate at all. in your rent reciepts find any of them contening that you have paid the amont of rent on behalf of your brother. the letter of ur nice also contains that ur the ultimate possesser of the room. u will surely get some amount for vacating from the owner or builder.

Anil Agrawal (Retired)     22 May 2010

You say that you are 70 and are living in your own flat since 2000. Please tell honestly what is the necessity in continuing to stay in your brother's flat? I fully agree with your niece that she did a favour to allow you to stay there when you had no room of your own. At this age, you want to litigate, fight and get involved with owner/poiice/your own niece for money? I am not going into the legality of the issue whether or not you re paying rent on behalf of your brother and are in possession of the room. 

if friends advise you to stay put and litigate, well, that is your choice.


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