• How much should we demand as tenants

We are tenants in a prime location in PUNE since almost 40 years. Carpet Area of flat is around 800 sqft. The building is going for redevelopment and the builder is paying us compensation amount which we think is too low. We want a space in the reconstructed neither is he offering any.
As a long living tenant, how much should we realistically ask for to evict the premises. What are legal actions that landlord can take if there's no settlement.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Agree to vacate premises provided he is willing to enter into agreement for giving you flat on ownership basis of 800 square feet 

 

2) in alternative pay you 70 per cent market rate of property 

Ajay Sethi
Advocate, Mumbai
96712 Answers
7795 Consultations

Please mention:- 

How many tenants?

Which area in Pune?

How many flats?

These are information which will help us to calculate FSI available to Builder for construction of homes and complexes commercial shops by utilizing extra FSI .

Cost of project 

Expected profits out of the project. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You should ask in proportionate with the area you are occupying. 

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

He can't just evict you on the pretext of reconstruction until there is a court order to that effect. This is clearly a ploy to remove you from your tenanted account. There is a slight possibility that he may have filed a petition before the court u/s 133 crpc claiming that the building is in a dilapidated condition and so it needs to be demolished. Engage a lawyer to conduct inspection and if he has filed then intervene and file objections.

However if this is just a verbal request and he neither has a order nor is any such case pending then you can refuse to leave and if he threatens forceful dispossession then file suit for injunction. It's a simple suit with minimal court fees and the court will restrain him from dispossesing you.

Now if you want to settle which is always a good option, he should atleast pay enough so that you may easily relocate and of you want to purchase a new property then the amount is atleast helpful for you. But surely no one gives a larger amount easily and you have to be tough and possibly engage in litigation to push him to settle as per your terms and desire.

Varun Bhandari
Advocate, Kanpur
86 Answers

Legally speaking tenants have no rights if the landlord has a bonafide need and wants to evict tenants. Now if you establish your case and demand money it should be based on the current market value of the property after redevelopment. Contact a local property dealer.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

Hi

Since you have been living in the premises for more than 40 years, you can claim either under Padgi-Kirayadar system or on good will basis, an amount of up to 40% of sale proceeds as compensation for evicting the premises.

The land lord can approach the court asking for your eviction under Maharashtra Rent Control act , but the land lord should be aware that

a) Any rent eviction suit will take about 12-15 years for resolution (including district court and high court) 

and 

b) Courts will always advise owner to pay compensation to the tenant in the range of 25-30% of sale consideration  as compensation tenant as tenant is forced to vacate after 40 years (which is equal to permanent residency)

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1. Typically the Builder or Landlord CANNOT evict 40 year old tenants and such old tenant have perpetual residing rights in the Flats.

2. Under normal circumstances the ratio of compensation is as follows, for redevelopment benefits:

a) 20% to 30% area over the existing area

b) Corpus Fund (displacement fund) worth 2-5% of the cost of Flat

c) 40/- to 80/-  as displacement Rent, till new occupation

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Serve them with a legal notice and than file a specific performance suit against them 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

If there is one genuine requirement as per the provisions of Rent Control Act, the landlord may ask the tenant for eviction and in this circumstance, there may no be any compensation. However, as the landlord is offering the compensation, it should be fair enough for your resettlement.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

- As per the governments new development Control Rules , tenants are entitled to get free of cost , more area than they currently occupy , limited to minimum area 300 sq ft and maximum 1,292 sq ft

- Further , if their area crosses the maximum cap 1292 sq ft , then the tenant will have to pay construction cost of the additional area to the landowner.

- Further, the builder should give to the tenant , the ownership rights in the new constructed building of the same area or with some additional area. 

- Hence, you can refuse to accept the compensation if not satisfactory , and ask for ownership right of space from him for which he is bound . 

- You can send a legal notice to the said builder for asking your space or a suitable compensation .

- If no response, then file a case before the court. 

Mohammed Shahzad
Advocate, Delhi
14401 Answers
221 Consultations

It's depends on the scheme of redevelopment it's feasibility report, Fsi,etc. Only such random figures cannot be calculated

Prashant Nayak
Advocate, Mumbai
32359 Answers
199 Consultations

 In the case of cess building, every tenants gets the area as prescribed in Development Control Rules 33(7). According to this tenants having less than 300 sq. feet will get 300 Sq Feet carpet area, Tenants having 300 to 753 Sq. Feet shall get the existing area and tenants having more than 753 sq. feet shall get maximum 753 Sq. Feet carpet area. Further all the tenants will get ownership flats in the new building including the fungible FSI of 35%.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

There are three parties involved when redevelopment of the property is considered – owner, tenant and builder/developer. As the landlord holds the records of the property, he possesses complete ownership to sell the property. Once the property is redeveloped by the builders/developers, the landlord takes the profit out of the property at once and permanently. Once the profits are withdrawn, the landlord has no authority over the property. The tenants who are in possession of the said flat/property after the redevelopment becomes the sole owner of the property

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Don`t vacate the property. Landlord can approach court, there you can submit cross claim and demand of proper settlement in the form of rent and possession in redeveloped building.  

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

You need to first ask the builder under which regulation of development control rules is he undertaking the redevelopment 

Generally the builder has to provide area in new flat which is not less than the area of existing premises

He also has to provide rent or temporary premises till the new building is constructed 

Further corpus found for future maintenance is also given

Shifting charges to and fro is also paid

Brokerage charges for temporary premises is also paid if the temporary premises are searched by the tenant and not provided by the builder 

 

Yusuf Rampurawala
Advocate, Mumbai
7658 Answers
79 Consultations

You can demand atleast 70% of current value of your flat as compensation or you can demand flat in developed building. 

Landlord can file eviction suit against you but it will be not beneficial for him. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You first file a suit for permanent injunction against the landlord restraining you from forcibly evicting you from the rented premises  where you had been residing for over four decades 

That if the building is going for redevelopment then you can your demand for allotment of space to you as per redevelopment rules. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

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