Legal Advice

Repossession of flat let out on rent since 1968 

Query

I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share certificates are in our name and maintenance bills are also in our name. Now the society has just issued a loi for redevelopment. Can we evict the tenant (he maintains it was under pugdee. (Our contention is that in a cooperative housing society pudge is invalid . He has no document to prove it).  Is this contention correct? The developer has offered a 300 sq ft enhanced  area. Can we ask him to compensate for this at the current rates? Accommodate the tenant as a tenant in a redeveloped flat of an existing area of 600 sq ft in the intervening period of redevelopment tenant can get rentals from developer. Will the aaa be signed with us or the owner? Our strategy is after redevelopment we will ask for rent  at market rate, failing  which we can ask him to vacate? Is this possible please advise on above or any other advice which will help us retrieve the flat. Lastly the society has 81 members and 12 no’s are tenants. 7 out of 12 have negotiated transfer of ownership by receiving  1/3 cost of flat i.e rs 57.50 lacs (on basis of pugdee holding) does a notice have to be served  on society ,tenant and redeveloper and what kind of notice please.

Advice

You cannot evict the tenant only on the ground that the residential apartment is being redeveloped by the builder or promoter. After the completion of redevelopment work the tenant shall have the right to get back the possession. Repossession of flat let out on rent since 1968 is not an easy task.

If you have personal necessity to reside in that flat then you can approach the court for eviction of the tenant. Before approaching the court you should send a legal notice to vacate the premises and give him a reasonable time, not less than four months, to leave the flat. If the tenant does not obey the notice then you can file a civil suit for eviction.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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