Legal Question in Real Estate Law in India
To Maintain my Tenancy Right
I am already a tenant since last 32 years in my building. I am planning to shift to a new location. In that context I still want to maintain my tenancy rights in my previous building. When I will shift to the new location My parents will still live in the same building. The house is in my Father and Uncles name.
Can you throw some light in this matter?
2 Answers from Attorneys
Re: To Maintain my Tenancy Right
Where do you live?
I can help you if you live in Tamil Nadu, India. Tenancy laws are state subjects and your query is not accurate. My understanding is as follows;
You live in a place as a tenant for the past 32 years.
You now want to shift to a new building owned by your father and Uncle or Joint family property.
After you leave the tenanted premises, your parents will continue to live there?
Please advise if this is correct.
Please also advise if there any pending litigation from the landlord for eviction of tbe building.
Please also advise if the landlord has issued so far any statutory notice under the Rent Control Act to you for eviction.
Only after receipt of all these clarifications, I could advise you.
Thank you,
N. Ramaswami
Advocate
Re: To Maintain my Tenancy Right
Which City are you located in? Usually, if Rent Control Laws are applicable, (they are applicable in most corporations, muncipilaties, and all metros) if you acquire fresh premises, you will automatically loose your _protection_ under the tenancy laws. On the other hand, if it is merely a case of contract, and if rent control laws are not applicable, we will have to examine your contract. In the latter case, if there is no contract, you have no protection anyway.