Legal Question in Landlord & Tenant Law in India

Conversion of Tenancy to ownership under Maharashtra Rent Act 1999

I was born in Bhuj Kutch Gujarat on 30.06.74. My father & mother left me in care of my aunt ( father�s elder sister ) who is a spinster. My aunt was a school teacher in Vile Parle (E) Mumbai and she retired in 1996.My father & mother left Mumbai in/around 1970 ( about 40 years ago ) & settled in Bhuj & are continuously residing there since then. My father & mother worked there . Both of them are now retired & still continue to reside in Bhuj. I have a younger brother who is recently married and is also residing in Bhuj.

My grandfather had a flat on tenancy basis in a building built in 1964 in the Jogeshwari East Suburb of Mumbai. As per this tenancy agreement, my grandfather his family members could reside in the flat. He used to pay the rent regularly to the landlord & rent receipts & electricity bills etc were issued in his name. My grandmother, my aunt & myself were residing with him in this tenancy flat . After the death of my grandfather in 1979, my grandmother Ratanbai Premji Jolapra, my aunt & myself continued to reside there. However the rent receipts were continued to be issued in the name of my grandfather as we did not apply for change in the tenants name. My grandmother passed away in the year 2005. My Aunt thereafter continued to reside at the same location. Even thereafter we did not apply for change in the tenant's name. In 2009, a promoter undertook to redevelop the building & change the tenancy to ownership rights. A memorandum of understanding was signed between the promoter & the tenants & the landlord had authorized the promoter to negotiate with the tenants.

As the tenancy of our flat was in the name of my grandfather, the promoter asked my aunt to procure a NOC from my father to enable convert the tenancy to ownership in my aunt�s name. However my father refused to do so & asked us to settle the flat with the promoter & give him half of the received amount.We did not want to sell off the flat & so basis a Declaration-cum-indemnity given by my aunt the promoter transferred the rent receipt directly from the name of my grandfather to her name thereby making her as the present Tenant basis the provisions of the Maharashtra Rent Act 1999 & subsequently executed an Agreement with her issuing her ownership rights of a flat in the new building that was being constructed upon the demolition of Sukh Sagar. This agreement is also registered with the Sub-Registrar�s office at Bandra.The old Building Sukh Sagar has been demolished around end of January 2010 & the new building is under construction there. An alternative accommodation has been provided by the promoter to all tenants including my aunt in the same vicinity.However we have not advised address of alternative location to my father as he being of a quarrelsome nature disturbs the mental peace of my aunt.Recently my father came to know of this matter & he has served notice through his lawyer asking his share.pls advise if he is eligble as per Mah.Rent Act 1999

I would like to point out the following.

1. During the lifetime of my grandfather, my father and mother never cared for them nor did they give any maintenance expenses for their upkeep. It was my aunt who took the entire care of them including their subsistence, medicals upto their demise. It was my aunt who had borne the full expenses without any support from my parents.

2. My entire childhood from the time I was about less than a year old upto my youth was taken care by my aunt and she provided for my upkeep, education, medicals, etc. Again there was no contribution at all from my parents whatsoever.

3. The rent and maintainence for the tenanted flat in Sukh Sagar was paid by my aunt through her bank account and my parents did not contribute anything whatsoever.

4. My grandmother before her demise prepared a will stating that her daughter (my aunt ) should be the sole legal heir for all her movable / immovable assets after her death. However this will has not been probated / registered..

5. My aunt has prepared a will stating that after her demise I should be the sole legal heir for all her movable / inmovable assets. This will too has not been registered.

b.rgds

Rashmin

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