Legal Question in Landlord & Tenant Law in India

Eviction

I am a 41 yr old widow. My husband & I stay in a Parsi Trust property in South Bombay since our marriage in 1991. Rent receipt is in the the name of my father in law & 'his sons'. My husband passed away in 2003. His older brother is abroad & verbally claims no interest in the property. I continue to live in the said property alone.

About 4 mts ago, my father in law, who was staying abroad for over 30 yrs, landed up at the premise. He now wants to sell the property. We have an unscruplous landlord who refuses to add my name in the rent receipt. I have been paying all expenses towards the house, inclu rent from my bank a/c since '03. Elec bill is in my late husband's name. How can i protect my beneficiary/tenancy rights? He threatens to evict me. The family has always been uncordial to each other and i cant trust anyone. Father in law is broke and will stoop low to get his way around. Although the landlord has been accepting rent cheques from me, he refuses to acknowledge me as a tenant since the rent receipt is not in my name. We have 2 rooms (father in law occupies one, I the other), a common bathroom & kitchen. Where do I stand in the eyes of the law? I dont have money to pay off my father in law. Pl advise.


Asked on 9/18/08, 2:23 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Eviction

You can ask for accomodation from your Father in law by taking recourse to Domestic Violence Act.

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Answered on 9/19/08, 7:04 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Eviction

There are two separate issues involved. One of tenancy, and second of your rights to stay in the house.

About tenancy : The rent receipt being in the name of your father in law and his sons, you are automatically included. "and sons" includes you. Legally, you have stepped into the shoes of your husband. Therefore, all his rights now flow in your favour. You cannot be forcibly evicted from the premises.

Right of stay in the premises : Tenancy rights apart, legally your father-in-law cannot throw you out of the house. You are entitled to live in the house under the provisions of Domestic Violence Act. If he causes you any trouble, you are entitled to police protection under DVA.

If you have still more questions on the subject, please do not hesitate writing again.

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Answered on 9/18/08, 4:55 am


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