Legal Question in Real Estate Law in India

Our Society is going in for redevelopment .One of the flats is occupied by a " deemed tenant" for the past 40 years.The original owner is not traceable.Pl advice regarding the following matters.

i.Since the original owner is not traceable ,whether society should give a notice in the local newspaper regarding the redevelopment process

ii.Whether any communication should be sent to the tenant regarding the redevelopment process.

iii.Will the tenant be eligible for the monthly rent compensation to be given given by the developer.

iv.Since the matter is subjudice ,whether the Corpus fund be deposited in the concerned court or to be kept by the society under an Excrow Account.

Your advice is eagerly awaited

Thanks & Regards,

Rishab.


Asked on 4/30/13, 8:38 pm

1 Answer from Attorneys
Jayesh Desai Jayesh Desai

1. You should advertise in the local news paper.

2. yes.

3.Technically no. you have to give it to the 'owner'

4. If Suit is pending between the landlord and 'deemed tenant' then you join there as and intervene, and you will also know the landlords' whereabouts.

Few questions - who is paying maintenance bills of Society? Has no body claimed the flat after the original owner went 'missing'?

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Answered on 5/02/13, 11:47 pm


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