• Rights of tenants after building demolish

Old building is occupied by tenants under Maharashtra Rent control act (place Ghatkopar).
building becomes dilapidated.
and then Municipal demolish the building.

In t his case, what are the legal rights of tenants in each situation below:
1) Tenants who were residing when demolition took place
2) who were not residing when demolition took place but no eviction suit was filled by land loard before demolition
3) who were not residing, and eviction suit for non use was pending or appeal pending
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

 

 

1) Tenancy rights dont get terminated on demolition of building

 

2) on redevelopment of building tenant continues to have rights over the premises 

 

3) in respect of premises wherein eviction suit is pending tenant can file declaratory suit that he is tenant and has right to get premises after redevelopment 

 

4) in pending suit additional issue can be framed regarding right of tenant on the re developed premises 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Right subsists. Its not gone

2. Same as above

3. Same as above, subject to outcome of suit/appeal

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

  1. As per the information mentioned in the present query, makes it clear that though the building has been demolished, but none of you were legally evicted from there except few who are in appeal now.
  2. It is immaterial as to whether some are there or not, but the point matter is that they have their right to be there, if not evicted by court of law.
  3. Even those you are in appeal, still have the same right like others.
  4. If you have not been given place by the landlord then I would advice you all to approach the court of civil law.
  5. And if the land owing agency is any government department then file a Writ of Mandamus under Article 226 of our Constitution before the High Court seeking direction for them to place you back or to some other place for the time being.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

tenancy is suspended not terminated. Tenants will continue to have rights after redevelopment. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Residue right shall stay in first situation, in 2 & 3rd situation, no right. Eviction suit files where tenant desist to vacate possession. When it already left unused. what the need of eviction suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No, tenant already left the premises. no tenancy existed at the time of demolition.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

that depends whether rent receipt stands in name of original tenant or if he/she is no more, then whether in the name of legal heirs of original tenant

 

if the person is either an original tenant or his legal heir, then even if he is not residing in the tenanted premises for a long time and no action is taken by landlord for his eviction, then such tenant/legal heir would be entitled to redevelopment benefits on demolition of building

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

They can File declaratory suit that they have rights on premises after redevelopment 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.  In this case the tenancy is suspended and not terminated.  Tenants will continue to have their rights after redevelopment.

2. Protected tenants shouild be formally terminated under the rent control act. The tenant or landlord should move for declaration for their rights after redevelopment.

3. If any suit was pending for termination of tenancy, an additional issue has to be framed in that suit and decided by court accordingly.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Under the circumstances, the landlord may terminate the tenancy and should move for declaration of  his rights in the premises before the court competent after redevelopment, which shall provide the desired solution.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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