Tenants of trust own property

Hiiii i m a tenant of a watch shop in malad since 50yrs property is owned by panchnath mahadev trust
Nw the problem is that the rent reciept is still on the name of my grandfather and my grandfather has been passed away since 1992
The trustees are not transfering name to my fathers name
In this case do the trustees hv right to vacant my shop in future as the rent reciepts is not in the name of my father??????

Asked 6 years ago in Property Law

Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

Ask a question

3 Answers

1)on demise of grand father your father is a deemed tenant

2) the Maharashtra Rent Control Act, 1999

defines the tenant thus:

“tenant” means any person by whom or on

whose account rent is payable for any

premises and includes-

(a) such person, -

(i) who is a tenant, or

(ii) who is a deemed tenant, or

(iii)who is a sub-tenant as permitted under

a contract or by the permission or

consent of the landlord, or

(iv) who has derived title under a tenant, or

(v) to whom interest in premises has been

assigned or transferred as permitted,

by virtue of, or under the provisions of,

any of the repealed Acts;

(b) a person who is deemed to be a tenant

under section 25;

been assigned or transferred as permitted

under section 26;

(d) in relation to any premises, when the tenant

dies, whether the death occurred before or after

the commencement of this Act, any member of

the tenant's family, who,-

(i) where they are let for residence, is residing,

(ii) where they are let for education, business,

trade or storage, is using the premises for any

such purpose,

with the tenant at the time of his death, or, in

the absence of such member, any heir of the

deceased tenant, as may be decided, in the

absence of agreement, by the court.”

3) trustees cannot evict your father without following due process of law

4) your father can file application before small cause court for declaration that he is tenant of the premises

Ajay Sethi

Advocate, Mumbai

Available Now

94695 Answers

7527 Consultations

5.0 on 5.0

Talk to Advocate Ajay Sethi NOW!

A. I would like to know the following clarification in respect of your query viz..

1. Whether the lease deed was registered under the law?

2. what was the term of the lease and terms and conditions?

3. Who is paying rent since 1992 and how(mode of payment)

B. You being a legal heirs of the Lessee(deceased agreement holder) that are entitled to continue possession under the lease deed subject to term of the lease is permitted. However, in the event of fail to establish arrears of rent payment that the Trustees can be evicted you under the ground that non payment of rent. Hence, aforesaid clarification needs to be clarified before resolve your issue.