• Liability of a dilapidated structure when title of person in possession of premises is not decided

Our house in a Housing Co-op socy has not seen repairs for 25 years. 
The person occupying the house was our tenant who wanted to buy the house. He did not buy the house and taking opportunity of my fathers(since deceased) old age and his absence obtained a membership of the socy and put up a case in the civil court seeking declaratory title on membership and permanent injunction against us. He also denied his tenancy and has stopped paying us rents since last 13 years.
His case was dismissed by civil court and is now in appeal. We had put up a separate case with the co-operative court and finally the Co-op tribunal ordered in our favour stating that his membership was not legal and our membership should be restored.
Now, our tenant has denied his tenancy and has since 2006 not paid rents. His membership has also been terminated by the Co-op tribunal. As we understand the person is neither an owner, nor a tenant, nor a member in the co-op socy. The civil court has in 2011 passed an order for status quo in respect of possession of the suit property.
My question is - who holds the liability on the physical structure? What happens if the structure falls down and there is loss of life or damage to other adjacent properties? The property stands on the main road - who has the responsibility of doing the clean up if the road get blocked with debris?
For years we have asked the co-op socy to restore our membership, but suddenly now, the co-op socy is cajoling us to take our membership - what should we do?
I do not want the tenant to take advantage of us repairing the house so that he keeps staying in the property under the garb of the court's temporary injunction forever.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Since he is in forcefull possesion of property, he only shall be liable.

File application in civil court where appeal in pending to restore you possession so that repair can be done as the property is in dilapidated condition and not conducive for human inheritance and live threat to neighbour also. Court may grant immediate recovery of possesion.

If he is denying your title, court may have evicted him at interim stage. You must be having some proof that he is tenant or rent receipt/payment etc ? 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

You are owner of flat 

 

2) tenant case was dismissed by civil court 

 

3) cooperative court has directed that your membership be restored 

 

4) you would be liable to carry out repairs of your structure 

Ajay Sethi
Advocate, Mumbai
96863 Answers
7814 Consultations

All are responsible. 

Owner as well as occupants who are in possession of property. 

Member of Managing Committee and Office bearers are also responsible. 

Please accept your membership as invited by Society. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

This is between you and the tenant. Owner is liable for all such repairs or responsibilities.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Since the tenancy has been declared illegal and he has no business to interfere in this,  the property automatically reverts to the original owner or his legal heirs in his absence. 

Therefore all the liabilities shall devolve on the legal heirs only. 

You first restore your membership,  establish your rights in the property and proceed legally to protect your interests in the property. 

You may get his injunction order vacated and also get an order of eviction against him on the basis of court orders in your favor 

T Kalaiselvan
Advocate, Vellore
87065 Answers
2338 Consultations

You get your tenant evicted.

The court has declared that he is not eligible for membership then how can the society still give him the membership,  it will be a contempt of court against the society. 

Instead of arguing on good for nothing issues,  you may better take steps to evict him from the premises on the basis of court orders and make things straight. 

T Kalaiselvan
Advocate, Vellore
87065 Answers
2338 Consultations

No it is not mandatory.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

You being member and tenants being in use and occupation. 

The cost of property past 14  years and now has been appreciated. 

Both of you including Society are responsible for the maintenance of Premises in general and flats in specific. 

You may file recovery suit against your tenant under Maharashtra Rent Act 1999 which is a reasonable relief available to you under the Law.

One day you would get your property back is the price and responsibilities holds you accountable to pay dues in case of necessities arises as per circumstance and tenants had enjoyed use and occupation of the property that's why tenants are responsible. 

It's jointly and severely responsibilities of both members and tenants in the eyes of Law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

No it is not society responsibility that tenant cnanot stay in flat in society premises 

 

2) you brought him in society premises as tenant and if he fails to pay rental dues you have to sue him to recover arrears of rent 

 

3) you can evict the tenant by filing eviction suit 

Ajay Sethi
Advocate, Mumbai
96863 Answers
7814 Consultations

1. Hope you have already file a petition for eviction and recovery of possession of your house from the occupier.

 

2. In normal course, the owner is supposed to repair his house and is responsible for any fatal accident caused by any falling part of the building for which negligence to repair can be attributed to him.

 

3. In your case, issue a letter to the occupier asking him to vacate your dilapidated house being illegally occupied by him and also that you shall in no way be responsible if any fatal accident is caused  by any  falling part of the house.

 

4. Mark copy of the said letter to the Society, local Municipal Corporation and also Police Station.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. You shall have to file the eviction ans repossession petition before the Court.

 

2. Thereafter issue him a notice to vacate stating that you shall not be responsible for any accident caused by any falling part of the house since it can not be repaired unless they evict the house. 

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

You can only go for eviction in this matter with injunction of not making him member and of already made expelling him as member

Prashant Nayak
Advocate, Mumbai
32457 Answers
200 Consultations

Why you will be responsible when somebody have encroached on your property and is in illegal possession. To absolve from further liability, file Application in court as suggested above.

Society has no right to evict the tenant.

File eviction suit is the only remedy.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

- As per law, a tenant cannot claim ownership on the ground of adverse possession i.e. staying into the tenanted premises for longer period. 

- Further , since the court has already dismissed the petition filed by the tenant , then you should submit the said order before the managing committee of the society to change the membership . 

- Further , you can file a complaint against the said tenant and the secretary of the society , for making the tenant a member of the society , and further not complying the order of the court. 

- Further , as the court has already passed order in your favour then you can file an eviction suit against the said tenant on the ground of arrears of rent and also claim rent for 14 years. 

- Further , as per rule , Repairing of external damages of the premises is the responsibility of society. 

- Since,the society has made the said tenant a member , hence this is the responsibility of tenant and society to repair the tenanted premises /said property .

Mohammed Shahzad
Advocate, Delhi
14468 Answers
221 Consultations

1. As owner of property you will be liable for damage to physical structure of your house because tenant already lost the case in civil court for ownership of house. 

2. You should take your membership and send eviction notice to person having possession of your house. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

The property owner is liable or the person under whose possession the property is liable. You should take membership  of the society.

Also the cases should be decided immediately.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

As he is in possession of the property and is not the owner he is liable until youbget the possession. He should pay rent and compensation.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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