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7 months ago

Is it legal for an encroacher of collector land in Mumbai, claiming himself as a landlord, file suit on tenants in Maharashtra Rent Control Act, 1999

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
An encroacher cannot claim himself owner of the property, until and unless he gets the ownership on the ground of adverse possession.. So when he files a case against the tenant under the Rent Control Act, let him establish his ownership first to issue notice to the tenant for eviction. Reach out to an Advocate for guidance and steps.
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Anik

Responded 7 months ago

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A.Dear Client,

If someone claims to be the landlord of a property that is being encroached upon, they may file a suit under the Maharashtra Rent Control Act, 1999, to seek eviction of the tenants. The person claiming to be the landlord must be the legitimate owner or have the legal authority to represent the owner of the property. This should be established through proper documentation. If there is a rent agreement in place between the tenants and the alleged landlord, it should be examined to determine the terms and conditions of the tenancy. The Act specifies the grounds on which a landlord can seek eviction, such as non-payment of rent, misuse of the property, or personal need for the property. The alleged landlord must have valid reasons for seeking eviction. Any suit filed under the Rent Control Act must follow the legal procedures prescribed by the Act. This includes providing notice to the tenant and following the due process of law.
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