Legal Question in Landlord & Tenant Law in India
Since my grandfather we are residing in a wakf property from 1950 now the Mutwalli or his Sub lessee wants to construct a new building by the help of a local promoter and all other tenants has given NOC except us . My question is can he construct the new building without our No Objection certificate. Shall we get our possession as now after the construction or the Sub lessee will not give us accommodation.
2 Answers from Attorneys
You give NOC on the condition that he will allot you a certain portion for you in the new premises.
06.05.2012
Dear Sir / Madam,
If 90% or more of the tenants have already agreed to the reconstruction of the property, you are left with very little choice but to go by the majority decision. You will be forced to vacate the premises, if you disagree. It lies in your interest to avail of the benefits which all other tenants are being given in writing from the Mutwalli, before you vacate and handover possession.
You can mail me for any further on-line advice at [email protected]
Regards,
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