Regarding Building Issues and Tenant Issues

635 votes

1. Ownership and Control: Since the house (including the shops) is owned by your mother, she holds absolute ownership rights unless she has legally transferred any rights (such as sale deeds or permanent leases) to the shop tenants. If the shop owners are only tenants (monthly/annual lease), they have no ownership rights over the property — only the right to occupy under tenancy. 2. Reconstruction and Development: If the building is structurally unsafe (30% already ruined), your client can proceed legally to: Issue eviction notices to the tenants under proper grounds. Initiate a case under the West Bengal Premises Tenancy Act, 1997 (or its updated version) citing bonafide requirement and building unsafe for habitation. Seek permission for demolition and reconstruction from the Kolkata Municipal Corporation (KMC). 3. Criminal Action by Tenants? No, the shop owners cannot file any criminal case against your mother if she follows the lawful process. However, sometimes tenants misuse legal provisions (like alleging criminal intimidation, trespass, harassment) to create pressure. Even if they file false criminal complaints: They must prove wrongful act, threat, or illegal eviction attempt — mere intention to demolish a dangerous building is not a criminal offense. Your mother will be protected if: All notices and actions are legally issued. Proceedings are conducted through proper authorities (like eviction suits). 4. Preventive Measures: Do not forcibly evict any tenant. Serve proper legal notices through an advocate for termination of tenancy (citing dangerous building and need for reconstruction). Apply to the KMC for a Certificate of Dangerous Structure; it will officially declare the building unsafe. Document negotiations with builders and tenants carefully. 5. Best Strategy Now: Immediately apply for a Structural Engineer’s Report stating that the building is unsafe.

Advocate Rehman Khan LawRato