Legal Question in Landlord & Tenant Law in India
Tenant - Landlord - Reconstruction of Tenanted Building
Hi I am living in Mumbai - India in a Tenanted Building for 30 Years - The Landlord wants to reconstruct a new Bldg - he is offering same area we curently occupy + 24 months post dated cheques for rent for the period of construction of the bldg - we fear his chq s would bounce -what are are rights - can he evict us with a court order as threathened - if the matter goes to court - and he gets a eviction order would he not have to give us rent for alternate accomodotion until the bldg is compleate for occupation Please help with contact info futher pro advice also - Thanks
Cruz
4 Answers from Attorneys
Re: Tenant - Landlord - Reconstruction of Tenanted Building
While going through the redevelopment project you are require to engage a lawyer to look after the tenants ineterst and benefit. in general it is the duty of the bulder to provide the alternate accomodation or the rent for the alternate accomodation to the tenants. we are a leading lawyer firm from mumbai, having team of lawyers, dealing in the real estate/property matters, having various redevelpoment projects with us in some projects repersenting the builders and in some the tenants/society members. for further clarification and appointment you can contact us on 28904722/9892193167.
Re: Tenant - Landlord - Reconstruction of Tenanted Building
In this case please execute a written agreement with the landlord and obtain the consideration as mentioned in yor query.
As regard to your fear of landlord bouncing the cheque is concernerd, you are well protected by section 138 of the Negotiable Instruments Act provided the agreement is executed.
Further, in respect of the eviction threat given by the landlord is concerned it appears that landlord will not have any grounds of evicting you.
Though, I would require more information to provide you with a better response.
Re: Tenant - Landlord - Reconstruction of Tenanted Building
You may get a court decree if you want to accept whatever he is offering - area plus 24 months's rent by way of post dated cheques. Once it is a court decree, he may not be able to avoid it; and if he does, then he will be liable for contempt of court as also other damages.
Re: Tenant - Landlord - Reconstruction of Tenanted Building
Please make an registered agreement before you shift the house.In the court of law you can get proper benefit by this agreement.
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