• Can ownerhsip rights be claimed by a tenant on rented property undergoing redevelopment?

Hello All,

I am seeking advice on the ownership rights on a tenanted property. I have been living in a tenanted property since my birth (1984) along with my immediate family. This property was taken by my grandfather's younger brother (sometime in 1950s) and it is still in his name. This is an apartment in an old building based in Mumbai and is undergoing redevelopment. Th current state of affairs is the original tenant passed away many years ago (1964) and his legal heirs also lived in the same property for sometime but all left by 1987 and since then it has been only me and my immediate family living here and paying the rent and any maintenance occured during this tenure. Since the legal heirs came to know about the building's redevelopment they are claiming to be the legal heirs and want to take the ownership on the property. Also these legal heirs are ready to do a division among all the family members (including me) once the property is redeveloped and sold. For this they have made a family settlement which is to be notarised and registered at the concerned office. But I am not comfortable with this settlement as there is a lack of trust between us. 

I want to know, as a tenant for so long can I claim any ownership rights on the said property, if yes how can I execute the same. If not, can I do something to appeal for an amendment in the law because I find it very unfair if the legal heirs just come one day and try to claim a complete ownership on a rented property.

Any legal advice will be highly appreciated.

NOTE - All my, my mother's and brother's IDs (passport, DL, Aadhar, etc are registered on the said property address). And also since the past 20+ years the rent was also been paid through cheque issued from my mother's and brother's joint account. We also have the rent receipts for the same tenure.

Any more information/clarity required from me is welcomed.

Thanks & Regards,
Vishal
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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7 Answers

what is the offer of builder on redevelopment

2) on redevelopment builder can offer tenant ownership rights of the premises

3)agreement should be entered into between builder , landlord and tenant

4)in the alternative you would get tenancy rights of new flat

5) amicable settlement with the landlord is best option

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

Please note unless there is gift deed or sale deed executed in your family name you cannot claim ownership over property... the only claim that can be raised is ownership by adverse possession

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

1. A tenant can never claim ownership right over the proeprty even if he is tenant for hundreds of years. He is estopped from doing so.

2. So in the present context if your uncle's name is still there as original tenant then it is good that he legal heirs have agreed to part with your share lso and hence making a deed of settlement with them is best suited for you.

3. Sodo not complicate the situation anymore and make settlement with your cousins. You can not deprive their rights on the redeveloper proeprty.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Tenant cannot claim ownership right heirs can come and claim ownership rights

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1. Are the legal heirs you are referring to in your query, the legal heirs of the original Tenant or the legal heirs of the owner of the property?

2. Tenants are not tenants who enjoy the right to stay at the said tenanted property against payment of rent and are governed by the Tenancy Act of the State.

3. Tenants have the tenancy right but have right on the Title of the property.

4. Tenants can be evicted by filing an eviction suit by the owner of the property on appropriate ground.

5. Since eviction suit takes ages to be disposed of, the owners of the property negotiate with the tenants for giving share of the redeveloped building.

6. In your case, if the legal heirs of the earlier Tenant demands to be included as the parties for sharing title in the redeveloped property, you should deny them them said right.

7. You alone should negotiate with the owner of the property and the redeveloper for getting your share of the property in the said redeveloped property.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

The original tenant was your grandfather's younger brother and after his death his own heirs have already left the place.

However merely staying in that place without any rental emergent in your name cannot entitle you for a share in the property under tenancy which is undergoing redevelopment.

You may talk to them, arrive at an amicable solution and solve the issue to get the property in your name.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

A tenant can not claim the ownership right over the property.

After mutual talks arrive at a mutual settlement.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

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