Legal Question in Landlord & Tenant Law in India

A very Good Morning to you!

Plot Bearing C.S. No.: 4281 of Cess No. 6884 & 6991 of Bhuleshwar Division, "C" Ward, Mumbai

My parents and younger brother's family stayed at 43/45, Raudat Tahera Street, Abid Manzil, 2nd Floor, Mumbai-400003, until January 2008. The premises have been tenanted in the name of our grand-father Mr. Akberally Esoofali Engineer (deceased in 1955-56), since more than 60 years, and are yet receiving the rent receipt from the landlords in the same name.

Our original landlord (Mrs. Asma Abid Contractor & Others) had sold off the building (to M/s. Progressive Corporation) vide a conveyance dated 12/01/2005, registered in the office of the Sub-Registrar of Assurances at Mumbai under serial No.: BBEI-353-2005. Since this conveyance, the new landlords started proposing all the tenants of the building for redevelopment alongwith the adjacent building (Bandookwala Building- Plot Bearing C.S. No.: 4280 of Bhuleshwar Division, "C" Ward, Mumbai). All the tenants and shop-keepers consented by December 2007, and construction of the proposed "Hussaini Tower" duly began around February 2008.

My parents were allotted a flat as alternative accommodation at 24/30, Ali Umer Street, 1302- Gani Tower, Mumbai-400003, upon the peaceful surrender of our premises in January 2008.

The problem now is the developer, M/s. Progressive Corporation. Despite all our efforts, there is no willingness from their end to demarcate our premises in the new tower, which is already constructed up to 22 storeys. They show no intentions of registering our premises either (with the Registrar's office). This is not only our problem, but is also plaguing the entire community of both the original buildings.

Please guide us, as to what should be our line of action henceforth.

Thanks & Regards,

Murtuza Z. Engineer

290, Lamington Road,

34- Katayun Mansion,

4th Floor, Mumbai-400 003.

Cell: +91-9004 786 110

Cell: +91-9819 622 522

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