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kedar (analyst)     08 July 2014

Tenant rights who is living for more than 60years

Hello,

we are living in rented premises for last 60 years having rent agreement on my grandma's name. she is 80+ years old. landlord is thinking of selling the premises to developer to construct the 7 floor tower. now in any discussion with developer he had not taken any consent from us.

my question is , as a tenant for last 60 years, do we have any right to receive any flat/block or property in building after reconstruction. Also, does landlord need to take any consent from us?

we are also of the opinion of reconstruction as premises are very old.

also as a tenant, in case of any damage to existing premises, can we go to any court or municipal corporation for any remidie???



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     08 July 2014

You can file a injunction suit against the landlord restraining the landlord from evicting you or demolishing the house without following due process of law, this will bring the relief you are desiring.  Consult a local lawyer and proceed as per his advise.

Advocate Ravinder (Advocate/Attorney)     09 July 2014

You can get an order from the court to restrain him from evicting you illegally.  But you will not get any rights in the property though you are a long standing tenant.  Tenant will be always a tenant.

kedar (analyst)     09 July 2014

Thanks both of you, but do landlord need to take our concent before selling property for reconstruction.

K.K.Ganguly (Advocate)     13 July 2014

1.You have tenancy right at the said premises & you can not be evicted without due process of law,

2. The land lord need not take your permission or consent to deal with his property but he can not construct anything thereupon without evicting you,

3. So, practically, the landlord has to come to an agreement with you for which you can bargain for the ownership of a flat on tyeb reconstructed building,

4. File an application for restraining the owner to start construction on the said property by  evicting you. 


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