Legal Question in Real Estate Law in India

We have a house in C ward,Mumbai on Pagdi system purchased in my mother's name Dec 1993 by paying Rs in lacs.At that time,the rent receipt was signed by one of the owners.Later she died around in 1996 and her 2 sons filed a case for sole ownership rights of the bldg,as one of the son is a step son (i.e.step brothers.)also there are many co-owners.

The case is pending in Hyderabad court.Since that period onwards,there has been no selling of the property as it is under litigation.In the meanwhile,my mother expired in 2002.Unfortunately it is not transferred in my father's name ,as the ownership rights are not known.Both the brother's are claiming to collect the rent.Also there is no order by the court that the rent can be deposited in the court.Since one of the brothers is always threatening the tenants to vacate the house & also serving legal notice every now & then to those who are currently not residing in their house or vacated the same,due to its dilapilated condition,by saying that he requires the said premises for his personal use.We are continuing to giving rent to him,one of the brother's who claims to be the landlord for which he is giving us receipts.

Even my father is not staying currently,as the bldg is in a very bad shape & insecured as it may collapse anytine.Landlords are not interested in repaiiring it,neither they want to redevelop the same.The local authorities have scritinised the state of the bldg,served notices to the landlord 3-4 yrs back,but no action has been taken by them. Just to show the local authorities,one of the brother has starttted repairing works for the name sake only.

Now my qn's are :

1) Can the landlord serve notice to us to vacate the house.

2)Is it true that if the bldg colapses,or falls in the hands of the local municipal authority,then the landlords may lose ownership rights and it will be vested in the tenants rights.?Whom do we approach for help??

3) What happens to the case,if one of the brothers die????

4) how can i,an individual get civic authorities to take the repair work in their hands.

5) Can we sell the property.


Asked on 3/04/10, 10:41 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

An appropriate opinion may be possible after examining your documents. You may want to consult a lawyer.

Read more
Answered on 3/05/10, 11:11 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India