Rights of Tenant

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This query is : Resolved

Parthiv Mehta (Querist)

17 July 2007 Dear Sir,

I want to know the rights of a tenant who
is residing since 1943 in a trust building and now
the building is to be demolished and new building is
to be made.
In 1933 when the building was made there was no
practise of leave & licence agreement. The tenancy
was on the basis of rent only. Now the trustees want
to build new building and offer same area on rent in
new building to the tenants. Thus, I wanted to know
what rights/ benefits are available to tenants who
are residing for more than 65 years.

Regards,

CA Parthiv Mehta

KAAPIL

KAAPIL (Expert)

31 October 2007 Respected Shri Parthiv Mehta,

The tenant cannot be dehoused but at the same time he can be offered the same area (sq.ft.) by the landlord under the pretext of landlord requiring the same premises for his personal use. He may give you cash in alternate settlement.

Parthiv Mehta

Parthiv Mehta (Querist)

31 October 2007 Thanks Kapil. However, what about tenants being given same area on rent. Whether they would be eligible for same area on ownership basis?

KAAPIL

KAAPIL (Expert)

31 October 2007 Respected Sir,

The law permits the tenant to take the same area and it all depends on all the tenants collectively to decide whether they want ownership or rental and also what type of agreement is reached. Generally from the landlord's point of view they prefer tenancy at other area or cash payment. From tenant's point of view the location and the economics of rent is important because new rents are exhorbitant. Please take care in draft of MOU being reached.