Eviction of my brother from my tenanted flat in Mumbai
I am a tenant in Mumbai since 1975. Rent receipt is in my name. I purchased ownership flat where i am staying , and allowed my brother to stay in my tenante flat since 1985. Brother is paying rent to landlord and pay electricity ( ele. bill in his name ), I still have some documents, correspondence , etc at my tenanted flat address where my brother stays, Brother is not paying any amount in direct or indirect way to me. He is staying since 30 years and pays monthly rent to landlord. Landlord gives rent receipts to my brother in my name.
Since last few years he and his family members started false police complaints, and false litigations, giving abuses, fights with my family. Now, I want to take back possession of my tenanted flat and remove my brother's family. Pl guide whether suit can be filed ? In which Court ? How many years it may take ? Tenanted flat and my ownership home ,both, are Mumbai western suburbs.
Tenanted flat was acquired by me , it is not ancestral.
Asked 3 years ago in Civil Law from Greater Mumbai, Maharashtra
1) if rent receipts are in your name you are the tenant of the said premises
2) however if you have ownership flat in your name landlord can file suit for eviction against you to recover vacant possession of said premises
3) if you take any legal proceedings against your brother the fact would come to knowledge of lthe court that for last 30 years you have not stayed on said premises and that you own another flat in your name
4) in the fight among brothers landlord would be the winner as he would take legal proceedings for your eviction
5) best option is to settle issue amicably with brother and have tenancy of said flat transferred in your brother name for consideration
Since the tenanted flat is on a tenant rental agreement between you and the landlord and also since the rental receipts are issued only on your name, you have grounds to ask your brother, the occupant to vacate the tenanted flat orally, and if refuses, you may issue a legal notice to him stating that the flat has been taken on rent by you on an agreement with the landlord and the rental receipts are still in your name, but since you allowed him to stay at that place due to his inability to reside at some other place, he is now squatting in the place with an intention to establish himself, however since you require the place for your own occupation due to the changed situation in your own house, you are giving him notice to vacate the premises within the time stipulated. give him.
After receiving the notice if he still refuses to vacate, you may file a suit to evict him on the basis of the rental receipts.
The court case will run for years.
You can file the case in the rent control court or small cause court.
Landlord filed a suit for eviction in 1988 on the ground of alternate accommodation, and non user, ( I don't remember whether sub letting was also a ground for eviction ) , but suit dismissed in 1996 , at Bandra court, as landlord did not pursue the case. Landlord is aware about my present address , and is having knowledge that I am not staying at rental flat. As, I understand , now, tenant can have more no. of houses. My brother is paying rent to landlord and obtains rent receipts. Landlord is aware. Because everybody knows. Is it possible landlord may transfer my in brother's name, without my written consent ? My rental flat, my ownership house and landlord's house are only 2 buildings away from each other. Also, landlord is personally handling wedding hall in the same building. My brother is not ready to sit and amicably settle. Landlord has not taken adverse steps till today. With all pain and hesitation I have become ready to take steps, as he has refused to vacate.
Asked 3 years ago
1) landlord cannot transfer tenancy rights in flat without your consent to your brother
2)all the rent receipts are in your name
3) start staying in the said premises . Your brother cannot restrain you as you are the tenant of said flat
4) later take legal proceedings for his eviction
You still have pursue the steps suggested above. The issues what you have raised may be brought as defence during trial, but that will happen only during trial, let us see whether they contest the case or leave it exparte like earlier case.
Hold on to your stand and file a suit against your brother as suggested.
1. If the rent agreement is in your favour you alone could have stayed as a tenant in the flat.
2. Since your brother is not a tenant you can evict him by filing a suit for his eviction in the court which can order his eviction.
3. How many years it may take depends on local factors such as pendency of cases in the court, judge-population ratio, etc.
Your brother cannot be inducted as tenant unless and until you are removed as a tenant. The landlord cannot unilaterally remove you as a tenant. If he has to evict you he has to file for your eviction in the court.
1. You are a tenant in that premises,
2. You have given license to your brother stay in the said tenanted premises for last 30 years,
3. You can withdraw your license given to your brother to stay there and file an eviction suit,
4. Please note that during the course of hearing of the eviction suit, the actual land lord also can file an eviction suit against you since it will be established that you do not stay at your tenanted place and given license to someone else to stay there.
1. The land lord has multiple options now,
2. He can take cheques from your brother for some time and issue him rent receipt,
3. He can also file the eviction suit afresh after you and your brother get engaged in fighting eviction suit,
4. Settle the matter amicably with your brother in your own interest.