My enquiry pertains to a tenanted property having 3 nos tenants ,living in a building ( Ground +1st floor) constructed around 1962. Repairs /maintenance to our premises & building exterior have been done by tenants .In fact the rent is also deposited by cheque via registered AD , since 1985 & no rent receipts have been issued till date. The rent agreements on Rs 3 stamp paper dated 29 Mar 1963 & exists in the name of the landlord & our respective parents ( who have all expired) The landlord has 3 sons & 1 no is deceased. Now one of his sons whis is settled in Canada, wants us to either purchase the property or he will sell off to a developer.(He claims his father has willed it to him) We are not sure if the property tax has been paid , however no notice has been received from BMC till date. Please clarify the following 1.Are the old agreements valid today ? 2. Do we need to renew the agreement between us- the legal heirs & the landlord's son?If yes is a NOC required from the other son's /family or should we ask for the will to be probated? Is is advisable to register the new agreement ? & does this renewed agreement attract stamp duty? 3.In view of the building being non -cessed , does the landlord require the tenants approval/consent to sell off to a developer? 4. What are our rights in case the landlord sells off to the developer? Will rent increase & from which date ?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) If the building construction is very old means more than 40 years than I will suggest go for redevelopment with landlords hand to hand.
2) Here you will be benefited from 30% fungible fsi from current possession fsi and you will be owner of new flat or property.
3) If you go for new agreement with landlord legal heirs than current rent and law will be applicable to you and that too will be costlier.
probate is mandatory in Mumbai
2) other legal heirs can execute consent affidavit
3) you can then enter into agreement with landlord son for purchase of property
4) landlord does not need tenants consent to sell property to developer
5) old rental agreement is valid
6) in case landlord sells it to developer you have to pay rents to developer
1. The rental agreement in the name of your father is not valid at this stage when your father has expired long back, the legal heirs cannot inherit the tenancy rights for more than 5 years especially if the legal heirs have been living in that property at the time of death of the deceased tenant.
The above will be applicable only if the property is not under pagdi system rental agreement.
2. The rental agreement cannot be renewed because of the nature of the situation.A fresh rental agreement can be entered into.
In Maharashtra any rental agreement varying any period may have to mandatorily registered by paying appropriate stamp duty.
If the legal heirs of the deceased landlord is not willing to enter into a fresh rental agreement then you may not be able to do anything except to vacate.
You can drag on the issue for some years if he is filing an eviction suit but ultimately the court may decide in favor of landlord's heirs only.
3. Pagdi tenants living in non-cessed buildings before June 13, 1996 are eligible for new flats whenever their building is redeveloped, according to new guidelines introduced by the BMC. Also, if a tenant has transferred the pagdi system flat in the name of another person after completing the required legal formalities, the new occupant will have equal rights and will be eligible to get accommodation after redevelopment.
Hope yours is not a pagdi system tenant?
4. You may not have any rights especially the tenancy rights in the absence of effective rental agreement, this is legal position.
It is valid as it includes legal heirs also. But need to check the same to give specific advice. Yes noc required. Yes if new agreement is executed it will attract stamp duty. Even renewed agreement will attract stamp duty. Not required consent in specific. You can file for injunction.
1. If there is no time frame in the agreement then it is valid and accordingly rent is deposited so it is valid.
2. Ask for the probate of the will and then the legal heir can make an agreement with the tenant or can act accordingly. at this stage when will is not disclosed all the heirs need to sign the agreement.
3. No consent is required.
4. The rent increases either by mutual agreement or while renewing agreement.
1. A WILL is legally entitled to appoint any developer without the consent of the Tenants, provided he negotiates and offers the tenants some alternate accommodation, at the latest prevailing norms of redevelopment terms.
1. yes the old agreements are valid
2. if the son of the landlord claims that the property is willed to him, then first ask him to provide probate grant from the court for the Will. Without probate, you must not believe him that he is now the exclusive owner of the property
as per rent law, on demise of your parents, who were the original tenants of the property, the tenancy right would devolve on the family members and legal heirs of deceased tenants. So the tenancy automatically devolves on you and your siblings who are residing in the tenanted premises. The devolution is by operation of law and hence there is no need of any fresh agreement or paying any stamp duty
3. the landlord can sell his property anytime he wishes. He does not need the consent of the tenants. Even if the property were a cessed property, no consent of tenants is required by the landlord to sell the property to a third party. The third party to whom the property is sold simply steps into the shoes of the landlord and the rights of the tenants in their respective tenanted premises is not affected at all
4. as above
the rent does not increase upon the sale by the landlord of his property. The rent can increase only as per the law i.e. as provided in the rent legislation. The landlord or his buyer cannot raise the rent at their whims.
Dear client
Yes the old agreements are valid if there is no expiry date or duration is not mentioned on the agreement.
If you want to renew the agreement then ofcourse all the legal heirs of both side have to sign the agreement or give NOC for making agreement.
Yes the approval is needed from tenants For redevelopment of the property.
you can file case of forcible eviction of tenants against landlord.
