Legal Question in Real Estate Law in India

DEAR SIR,

I AM FROM GUJARAT, BARODA. I AM TENANT LAST 30 YEAR AND HAD PURCHASE HOUSE TO SEMPLE 100rs STAMP PAPER NOTRY AGREEMENT 12*9 SQ FEET 2011. NOW I WANT BUILT MY HOUSE 2 FLOOR BUT THE PROBLEM IS OWNER CAN CASE FILE TO MY CONSTRUCTION BUILT 12*14 SQ FEET AND HE CAN WANT TO EXTRA BUILT AMOUNT AND 1ST FLOOR AMOUNT. CAN I CONTINUE CONSTRUCTION. PLEASE ADVICE TO US.


Asked on 9/21/16, 10:25 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Without execution of a Registered Sale Deed in your favor, you cannot become the owner of the Property. Being a tenant of the property, you cannot make any construction on the property, without the approval of landlord, failing to which will raise a ground of eviction under Section 13 of the Gujarat Rent Act .i.e. material alternation of the demised property.

However, if the property is old / dilapidated, then you can certainly ask the tenant to make tenantable repairs to the property. And if the landlord fails to make such repairs, then you can carry out such repairs, by giving notice to the tenant, at the risk and cost of landlord. Repairs do not mean making addition construction over the property.

Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 9/23/16, 3:14 am


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