• Demolishing a building

my dad is a business man. he rented a shop(not the business) long back (year 2000 i think). the shop owner sold the shop to some one else a year back. the new owner came today and told my dad that he is going to demolish the building in a week and asked him to find a new shop. i know we will get more time if we take this to the court but i want to know if we can get more than two years. he is the only income in our family and i need at least two and half years to study and get a job. please tell your opinion. thank you.
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. Though the owner has right to demolish the tenanted premises for the purpose of re-development, the same has not given unfettered rights to the landlords to so so at his will.
2. If you want to delay the demolition then you can seek legal intervention by way of civil suit for declaration and injunction . Though the landlord will get eventually the right to develop the same and give the fresh tenancy in the developed portion, the delay it would cause would give you much needed breather.
3. You can also negotiate with the new landlord to delay the development works.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
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1. You have a valid tenancy right on the said property,

2. The developer shall have to allot you a new shop in his developed building,

3. Without negotiating with you about the new shop, he can not start developing the building,

4. File a police complaint about his forcible harassment for getting the shop illegally vacated,

5. File a declaratory suit and petition for injunction restraining the developer in evicting you with out due process of law,

6. The case may take even 5 years, if you so wish.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1) engage a local lawyer . refuse to vacate . 

2) you cannot be called upon to vacate within period of one week . 

3) file suit for declaration and for injunction restraining landlord from evicting you by force . 

4) you can  easily get more than 2 years to complete your studies . eviction suits take years to be disposed of 

5) there are number of lawyers on this website from bangalore . contact any of them for legal assistance
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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