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Rights of person living on rent, in Redevelopment
16-Nov-2023 (In Landlord/Tenant Law)
We have just one family living on rent in our building. Original Leave & License agreement was made between my Grandfather & his grandfather some 45 years ago. It was never renewed after that. Now we are going in for redevelopment of our building which is wholly owned by us. The person living on rent has 2 flats on his name elsewhere in the city, proof of which we have. So, can he claim any right in the redevloped building? There is no documentary proof that he is the tenant.
Well, if a tenant/licencee/lessee and after him, his family has been living on low amount of rent on humanitarian grounds for approx 45 years without disclosing the fact to landlord, that, they have other alternate accomodations too in city, so as the landlord should not increase the rent, and, despite having other flats in the city, this tenant wants Redeveloped flats from the Builder, then, he is legally not liable, merely landlord is liable to deal with the Builder for all flats and his land being the owner of such land.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
Chat
Hello,
Minakshi Ovhal-Dakhane here.
Even though the tenant has lived in the property for more than 12 years, it is established law that a tenant cannot claim title to the property in which he has been living as a tenant because of Adverse Possession. The tenant cannot claim any right to the property even without any rent agreement. A signed agreement for lease is also not required. The State’s Rent Control Act governs this type of verbal tenancy.
Adverse possession can be claimed if the owner has not interrupted or made claims on the property. Merely proving possession of the property for 12 years doesn’t work. As for other rights of the tenants in India, they remain the same. They are entitled to proper living conditions, proper maintenance of property and must pay timely rent to the landlord.
Any further legal information you can call me.
Thank you.
Minakshi Ovhal-Dakhane here.
Even though the tenant has lived in the property for more than 12 years, it is established law that a tenant cannot claim title to the property in which he has been living as a tenant because of Adverse Possession. The tenant cannot claim any right to the property even without any rent agreement. A signed agreement for lease is also not required. The State’s Rent Control Act governs this type of verbal tenancy.
Adverse possession can be claimed if the owner has not interrupted or made claims on the property. Merely proving possession of the property for 12 years doesn’t work. As for other rights of the tenants in India, they remain the same. They are entitled to proper living conditions, proper maintenance of property and must pay timely rent to the landlord.
Any further legal information you can call me.
Thank you.
Helpful?
Adv. Minakshi Bapu Ovhal Dakhane
Pune | 200+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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