Hi, We had purchased pagdi unit in the year 2002 and the landlord had sold the property to us as a "SHOP" and for the same we have the following proof: 1) Mutual agreement between us and the landlord 2) Rent receipt from the landlord 3) Gumasta bills on our name 4) Light bill (commercial) on our name The landlord from whom we have purchased the property in the year 2002 had sold the building to other person and the new landlord is not accepting us as a tenant nor giving any rent receipts and says the shop we are using is a residential premises as per the approved building plan. Furthermore the current landlord has dilapidated the building in C1 category and now BMC is asking us to vacate nor the landlord has given any proposal for redevelopment. Now we want to know: 1) How do we prove that we are the tenant? 2) The premises we are occupying is commercial and not residential? 3) What is the assurity that our rights will be reserved? 4) The building is yet not demolished, can we get it changed to commercial and ensure whenever there is a redevelopment we will get a commercial space 4) Should we accept area certificate from BMC before getting into an agreement with builder Pls guide
1) old rent receipts prove you are tenant
2) agreement signed by landlord proves that commercial premises ha e been sold to you
3) get structural engineer report regarding condition of building
4) land lord has to apply for conversion of residential into commercial
1. You need not prove that you are the tenant. You already are a tenant. If the present landlord is denying your tenancy right then you will have to file a declaratory suit in the small causes court against the landlord
2. To ascertain whether the premises is residential or commercial you will have to check the original building plans from BMC
3. You are adequately protected under the rent act. If the building is demolished then all tenants get rehab premises in transit buildings of MHADA (I assume that the building is assessed to repair cess by Mhada)
4. If the predecessor landlord had let the premises to you on commercial basis then that letting is binding on the successor landlord. However the competent authority upon survey may certify you as eligible occupant of residential premises if as per the sanctioned building plans the premises has a residential user. You can also check the BMC inspection extract whether the premises is charged to property tax on basis of commercial or residential user
5. Yes you can obtain the sanctioned building plans from BMC to ascertain the exact carpet area of the premises. You can get the certified copy of the plans under RTI
1. You said that you have the documentary proofs to prove your tenancy, then what else you require to prove your tenancy?
The rental agreement and the rent receipts besides the electricity consumption paid bills are documentary evidences to support your claim
2. You can confirm this nature/type from the building approved plan or from the Municipal authorities.
3. Without taking any steps from your side to ascertain your title, your question do not find merits for an answer.
4. Without knowing the official status of the building you may not be able to ensure the rights what you claim, first of all ascertain the nature of property and then decide further course of legal action.
5. You may have to comply with the requirements that are required to be complied with while the redevelopment is being processed.
Hi, Thanks for your quick response. To give more details: - Building is a private building and not under MHADA - We have done structural audit and TAC has declared the building as C1 - We have got the building plan and there is no changes of user, it still show there is a flat - We also have the assessment of the building and it also shows residential. - We know for a fact that current landlord is upto some mischief and has ill intention So from above response I understand that we have to file declaratory case agains land lord to protect our rights. My follow up question is 1) Once the building gets demolished under section 354 how will we come to know if we will get shop / residence in the new building? Is there a way to find this info before our current building demolition, the land lord is tied lip about it. 2) The BMC official says that take area certificate and your rights will be reserved. How true is that? 3) More important as we have a shop we want shop only in the new building and not a residence. 4) The landlord has not given any proposal for re development, how to get information from him about new development
Landlord has to enter into agreement with you before demolition of building
2) obtain area certificate from BMC
3) you can send email to landlord to obtain details about proposed redevelopment , sanctioned plans , alternative accommodation to be offered to tenants
1. All your mentioned documents are enough to prove the same.
2. There should be conversion certificate , if that was earlier a residential property . However you can enquire the same from the office of BMC.
3. You have your right qua the tenancy
4. After demolition of the building , you right is reserved over the area you occupied , and further you can apply for converting into commercial if not taken earlier by the landlord .
5. Yes
Further
1. Since, you have purchased the said shop from landlord , then you can enter into the builder an agreement before the demolition and construction .
2. Yes true .You can submit the above mentioned documents before BMC
3. You can enquire from the office of the BMC regarding the status of shop
4 . Send a legal notice to him.
1. The redevelopment agreement will give an anser to your this question.
You will be a party to the redevelopment agreement and you will be required to sign the document after reading it properly.
2. Why don't you follow the suggestions made by the BMC officials, it appears to be an apt advise.
3. If as per the approved plan, this complex is a mixture of residential as well as commercial complex then on proof of your shop before redevelopment has been recognised, you may claim for a shop alone in the redeveloped project.
4. Being a tenant in the pagdi property, you will be informed about the redevelopment program, wait until then.
1. If the user of the premises was commercial then you will get a shop only. But the owner or any developer would dispute that on basis of the original building plans as per which the premises were residential. In such a case you will have to apply to the BMC for change of user from residential to commercial to get the new premises having a commercial user
2. Area certificate will only safeguard you as regards the area of the premises. For the actual user you will have to apply for conversion
3. So apply for a conversion
4. The landlord may not even redevelop the property. A gun cannot be put on his head to redevelop the property. The tenants can form an association and approach a builder for redevelopment. That builder will have to pay the landlord for transfer of his ownership rights or to give him development rights against certain consideration which can either be cash or units in the new building to be constructed
This is the plight tenants have to face when they do not take steps to repair the building and expect the landlord to do everything by paying some meager rent ! If the building would have been repaired by all the tenants by paying proportionate contributions then this fate would not have to be faced by them today.
1) As the landlord is disputing that we are NOT the tenant. Do you believe the area certificate is good enough "LEGAL DOCUMENT" to get us premises in a new building whenever it is redeveloped? 2) What is the process of conversation of residential to commercial premises keeping in mind we will not get any support from landlord and more importantly the building has been declared in C1 category.
Area certificate is not sufficient to get premises on redevelopment
2) application has to be made to muncipal corporation for conversion of residential into commercial
3) you need landlord consent in this regard
Your questions are irritating now
You are asking the same question in different ways
1. Area certificate only talks about the area of the premises. It would not say anything about its user.
2. Apply to BMC. Make Inquiries with the concerned ward office. Check the BMC website for details, if any. The original building plans show the premises as residential. The assessment for property tax is also for residential. There will be serious problems at the time of allotment of new premises if the user is not changed to commercial.
The landlord has to prove that you are not tenant and an unauthorised occupant in that premise.
The area certificate will help you to disprove his claim.
The landlord is not the authority to approve the conversion of residential place to commercial type.
You may have to approach the local civic authority for this purpose.
You may be eligible to convert it into commercial only after the redevelopment process is completed.
Thanks for your response. my follow up question 1) Should we file declaratory case before taking the area certificate or after taking the area certificate? 2) We just got hold of Deed of Conveyance from the previous landlord (from whom we had purchased the property) to current landlord. However in Annexure 1 our name is not there in the list of tenants. 3) If we need to get in touch with you how do we do that? The reason I am asking so many question is because the landlord is a big fraudster and we are worried about our investment as it is our hard earned money.
You can file declaratory suit before taking area certificate
go and meet ex landlord personally and seek clarifications as to why your name is not mentioned in list of tenants
You can seek phone consultation with any lawyer on this website
you can file the declaratory suit right away
if the previous landlord had issued rent receipt in your name, then it is strange why he did not mention your name in the list of tenanted annexed to the conveyance deed
you can fetch my details from kanoon website or from their customer care and get in touch
1. Without obtaining the area certificate also you can proceed with the proposed declaratory suit.
2. You should be careful in this regard because this evidence may even go against you.
3. You can contact the advocate of your choice by fixing a phone consultation with the chosen advocate whose details are available in this forum.
- Yes , you should file a suit for declaration before the court .
- As per your mentioned records and documents , you can get order in your support .