Legal Question in Landlord & Tenant Law in

My grandfather had bought a house in Mumbai, India under pagdi system in early 1930s.Her daughter (my father's sister) inherited the flat after the demise of my grandfather.

Since both my parents are dead, I used to stay with her since the year 1974 right till the time of her death in 2007.

The landlord was accepting rent from her & issuing rent receipts in her name till the time of her death.

Although I am still staying there, the landlord is refusing to accept rent from me ever since her death in 2007 & is also refusing to transfer tenancy rights in my name.

My father's sister has left a Will in my name wherein she has appointed me as a sole legal heir to her property (she was a spinster & does not have any relations alive except me).

Also I have the electricity bill, gas connection, ration card, voters ID of the said flat in my name apart from the Will made by my father's sister.

Pls advise whether this is sufficient for me to be recognised as a lawful tenant.

Can he throw me out of the house or initiate legal proceedings to evict me from the flat ?

If he agrees to transfer the flat in my name, how much amount will he ask for as we have no record of the initial pagdi amount paid by my grandfather, neither do we have any contract / agreement to prove the same.

By the way, I also have one small flat (1BHK) in Mumbai suburbs which I had bought on ownership basis in 1993 with a bank loan which has since been fully repaid by me. My wife & my son are currently residing there.

I have been told that he can throw me out of the house forcefully since I am not paying monthly rentals but the fact is that he is refusing to accept rent & also is not willing to issue rent receipts.

Please also advise whether I can force the landlord to transfer tenancy rights in my name on the strength of the Original Will which I am holding with me.

Pls help !!!!!


Asked on 9/02/10, 11:46 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

No one can throw forcefully out. You may deposit the rent in court. depending upon the further facts of the case. For a case-specific legal advice, I suggest, you consult an advocate

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Answered on 9/03/10, 12:35 am


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