Legal Question in Civil Rights Law in India

please suggest in detail

A old bldg.in mumbai,comprising of six flats belongs to 'A'. 'B' was a tenant of one flat, who allowed 'C' to reside since before 1970 by accepting informal rent. In 1985 'B' says he has nothing to do with the said flat and stopped accepting informal rent. 'C' then sent collective rent by cheques to 'B' and then to 'A' which were returned. by both. Meanwhile 'C' has carried out major structural repairs to the dilipidated parts of the building with BMC permission on great personal expense. 'C' also paid building common water bill of 'A', outstanding amount of over rs 28000/- . Building has 2 unoccupied flats due to dilapidated state and rent claimed to be paid by others is pitifully low. No litigation exists between 'A','B' with 'C'. What is the legal bearing of 'C' who has 3 generations living in the flat, with only an informal old handwritten 1971 statement of occupancy by brother of 'B'. (address proofs and affidavit of occupancy by 'C' exists).

Now A has sold the entire bldg. plot to builder D. 'Can D demand proof of residence and forcefully evict C. -

Can C obtain a separate waterline to flat on basis of ration card,affidavit,agreement,past paid receipts of existing common line since the other 2 do not want2pay. thank you


Asked on 2/13/09, 3:32 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: please suggest in detail

Hello.

Good Afternoon.

You have got a good case. Well in this case the builder can file a possession suit. But one more time this will take a long time.

I would advise you to contact a local lawyer along with all the details.

OR

Please contact personally as your details and papers of the property needs to be reviewed.

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Answered on 2/13/09, 4:26 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: please suggest in detail

Already answered.

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Answered on 2/13/09, 7:25 am
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: please suggest in detail

The very staying of C is illegal as he is not the rightful tenant permitted by A.

So even he executed repairs or any major structural changes he has to incur his own expenses and A has every right to sell the said premises and he does not need to take consent from C as he is only concerned with B and as A has already sold to D now it is upto D to decide about C.

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Answered on 2/13/09, 8:17 am


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