Legal Question in Real Estate Law in India

My deceased father was a tenant of a residential property in Mumbai since 1948. After his demise in 1987 I who am an only son have been staying in the house. The building was in a dilipidated condition and in 1990 I had it pulled down and rebuilt with the consent of the Trust which is the owner of the property and the other tenant which is a godown on the ground floor. At about this time I had received a letter from a firm of Chartered Accountants saying that they had been appointed to collect rent by the Trust. I therefore sent them the rent for 1 year. But they did not pass me any receipt. The next year when I tried to pay them they did not accept the rent saying they no longer worked for the Trust. I sent the rent to the Trust's registered office but they refused to accept and over the years I have been trying to make them accept the rent but they refused to do so. I have sent bank cheques but they have not cashed these and even the money orders were sent back.it seems thay are purposely not accepting the rent. It is now more than 10 years. I am at a loss to know what I should do. There has been no communication from them all these years.. Recently I again spent a lot of money on getting the interiors done to make it livable. how can I protect my tenancy and ensure that my family is not troubled in future. Is there some way I can pay accumulated rent and purchase the property since I have been staying there for over 63 years and my father was a tenant even before that. What is the concept of natural ownership?


Asked on 4/03/13, 2:52 am

2 Answer from Attorneys
Jayesh Desai Jayesh Desai

There is no concept of 'Natural Ownership'.

You need to retain a lawyer. File a declaratory suit against the Trust. You have not mentioned whether the Trust is a Public Trust or a Private Trust? If it is a Public Charitable Trust, it will be very difficult for the Trustees to even sell the property to you or to any body.

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Answered on 4/05/13, 12:00 am


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