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Q If I am a
tenant (old rental) of a property in Mumbai in a
good area like Andheri, can I transfer my
tenancy ? If yes, what amount of money can I
demand from the Landlord for transfer of tenancy
? |
A Yes, you can transfer the tenancy, with
the permission of the landlord. The rate is that
which is prevailing in the market, the norm
being that the landlord shall be entitled to 1/3
share. |
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Q Now that
the Maharashtra Rent Control Bill has come into
force and the Pugree has been legalised, what is
the percentage of sharing between the landlords
and the tenants ? |
A No fixed percentage is prescribed by
the Act, but the norm is 1/3 share goes to the
landlord. |
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Q Is there a
provision by which a landlord is bound to spend
a certain percentage towards the maintenance of
his property ? |
| A No. |
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| Q
Where does one register new tenancies in Mumbai
? |
| A With the Registrar of Sub Assurances
located at Old Custom House, Shahid Bhagat Singh
Road, Fort, Mumbai-400001 and at Bandra Kurla
Complex, Bandra. |
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| Q Is
one required to register existing tenancies as
well ? |
| A No. |
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| Q If a property is kept vacant
for a period of one year, can it be let out at
market rent ? |
| A Yes. |
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| Q How
does one determine the market rent ? |
A There is no prescribed manner but it
can be easily found out by approaching such
people as the brokers, registration authority,
and appropriate authorities etc. |
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| Q How many months rent can the
landlord take as deposit ? |
| A Three months. |
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Q In case a
tenant is not protected by the Rent Act, what is
the procedure to ask him to vacate and what is
the notice period required to be given ? |
A Normal procedure is to send a notice to
the tenant, failing which a court case may be
filed which usually takes 10 to 20 years to
reach a verdict. |
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Q This is
with reference to the Bombay Rent Act. We are
tenants of an old building, which was repaired,
by all the tenants in the year 1995-96. We are
32 tenants and would like to form a Co-operative
Housing Society without the landlord's
permission. Can we form the society ? |
| A Yes. |
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Q 70%
of the tenants are ready to form a society. Is
there any new provision in the new rent act for
forming a society ? |
A There is no new provision in the new
Rent Act regarding the prescribed percentage of
tenants willing to form a society. |
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| Q Please
suggest any way to form a society without the
landlord's permission. |
| A Approach the registrar of Co-operative
society and file the various relevant documents. |
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Q I had a
lease agreement for 6 years for a shop with a
built in escalation clause @ 20% after 3 years.
My lease expired on 31.3.2000 and my landlord
has sent a written letter asking to pay rent at
an enhanced rate. Is this sufficient to continue
my lease or should I enter into another lease ?
If I continue on the strength of this letter,
are my rights affected ? |
| A Yes. It is sufficient but not full
proof. The rights won't be affected as long as
enhanced rent is paid. It also depends on the
period/tenure prescribed in the letter. It is
always advisable to make a new agreement with
the landlord. |
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Q I am a
landlord of a building. I purchased the property
in May, 2000 (at 'x' amount). Mr. 'A' was
staying there since many years and the rent
receipt is in his name. He expired 12 years
before, he and four sons, namely B, C, D &
E. Now B has 2 daughters. 'C' has 2 daughters.
'D' has no children. 'E' has 1 son, named "F".
"F" is staying since 30 years. 'F' wants to
surrender his tenancy rights. B, C and D have
left the flat since the last 30 years and have
been staying elsewhere - what should I do as a
landlord? |
| A Transfer the rent receipt in favour of
Mr. 'F'. |
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| Q Do B's and C's daughters
have any right over the property ? |
A No. |
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Q What type
of agreement do I have to make with the new
tenant, considering the new Rent Act ? |
A No, new agreement is required. |
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Q If "F"
gives a notice in writing, to the landlord, to
transfer the tenancy right in his name since he
is staying in the flat for 30 years and at the
time of expiry of his grand- father, he and his
father 'E' were staying there, is it admissible
to transfer the tenancy in 'F's name and then
transfer to the new buyer ? |
| A Yes. |
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Q If I take
an indemnity bond from 'F' that there are no
legal heirs, or if he indemnifies me, then is it
possible for 'B, C, D' to take some legal action
against me ? |
| A No. |
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Q Would the
transfer fee that I get, be my capital gain or
my income ? |
| A The transfer fee will be treated as
income not capital gain. |
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Q 'M'
purchased a flat in June 96 from a bank
employee. The bank employee has not discharged
the loan till date. For the purpose of flat
registration and society transfer, M requires a
NOC from bank. M paid stamp duty (under amnesty
scheme). The bank employee has not paid the
maintenance charges of the flat before June-96
also. Can society ask 'M' to pay the maintenance
charges prior to the June 96? What is
the procedure to get NOC from the Bank? Is 'M'
the legal owner of the above flat ? Can 'M' sell
the flat again ? |
A Yes, if 'M' has not obtained NOC from
the society at the time of possession. You can
get NOC by repaying the outstanding loan amount.
M is not the legal owner till NOC from the bank
is obtained. Yes. Provided 'M' obtains the NOC
from the bank and Society. |
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