Legal Question in Landlord & Tenant Law in India

My father bought a house (Pagdi System) as per tenant act during 1968 in Kurla, we have an acknowledgment from the builder on their letterhead with a revenue stamp signed, stating the full deposit payment was made for xxx amount for the booking of one room kitchen flat in his building.

Due to the unhealthy building conditions, lack of maintenance and my father�s health issues, we moved out from Kurla in 1999 and have been residing in Mulund ever since.

The landlord stopped accepting rent once my father expired on 29th June 2009. The rent has been fully paid until 2008, The landlord expired on 8th June 2009. The siblings of the expired land owner refused to accept the rent, stating my mother is a third party and cannot accept rent from third party and cannot issue a rent receipt on a deceased person�s name. Since the house was un fit for habitation, we also wanted to renovate the house internally.

The landlord�s siblings negotiated with us, to return the room for 3 lakhs only, the current property rate is close to 20 � 25 lakhs, to which we did not agree, neither did he allow us to renovate the house, because we wanted to start living there.

One of the brothers have filed a case in small causes court claiming, since the house is unused, he needs possession of the house for his sister who is married and has been living on rent elsewhere. And they need the house back, they have submitted electrical bills of the Kurla house (no electrical consumption) and ration card of Mulund (new place) where we are currently residing and also stating the Kurla house is not in a maintained condition.

We need to know the following; due to the ongoing case filed for repossession of the house by the land owners siblings;

a) Since the house is unoccupied, and we need to renovate the house internally, can we renovate the house? Is it advisable legally, since the court case is going on?

b) Would my mother be still considered as a legal hire, since her spouse has expired and the ownership transfers to her automatically?

We ALREADY have a lawyer, we need a SECOND opinion, specially for point (a) please.

My mother and me are handling this alone and she is a senior citizen, detailed information to our above situation would be highly appreciated and respected.

Regards,

Priti

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