Q.:  I have immovable properties in Mumbai, Bangalore which are let out and I require them for my business. Please inform me in general grounds for eviction?

A.:  In case of the Rent Control Act of each state. The grounds of requirement are provided. In some Acts it is mentioned as Bona fide requirement, in some Reasonable Requirement, while in some Need or genuine need or requires reasonably ad in good faith.  The meaning thereof is same.  Now by and large every High/court and also Supreme Court has considered it in various cases and ultimately held that (i) Landlord is the best judge of his requirement.  He has a complete freedom in the matter.  It is no concern of the courts to dictate to the landlord how and in what manner, he should live or to prescribe for him a standard of his living (ii) Court need not be solicitous and venture in suggesting what would be more appropriate for the landlord to do (iii) The court should not give gratuitous advice to the landlord (iv) Need of the landlord should be genuine and honest, conceived in good faith; and that further, the Court must also consider it reasonable to gratify that need (v) Landlord’s desire for possession, however honest it might otherwise  be, has inevitably a subjective element in it and that desire, to become a requirement in law must have to objective element of a need.  It must also be such that the court considers it reasonable and therefore, eligible to be gratified (vi)  Word reasonable requirement undoubtedly postulate that there must be an element of need as opposed to a mere desire or wish.  The distinction between desire and need should doubtless be kept in mind but not so as to make even the genuine need as nothing but a desire.

Q.:  I have read that in absence of any family member, not residing with the tenant all the heirs will be entitled to the tenancy right.  I have two married daughters residing in Navi Mumbai and I am at the Central Suburb.  How can I ensure that the tenancy rights of my daughters will be safeguarded and after my death the tenancy can be transferred in their names according to my Will?

A.:  the law by which your premises is governed, it is very clear that if any member of the family is residing with the deceased tenant at the time of his death, then such family member gets preferential right over the other heirs.  In your case if any one of your daughter is residing with you, then such daughter will get preferential right over her sister.  But both are not residing with you, therefore, both will get right in tenancy as the tenancy right will evolve upon both of them an co-tenants while qua the landlord they will be joint tenants.

        The tenancy right cannot be bequeathed by Will.  Without reference of tenancy right in the Will both will get automatically the tenancy right by operation of law.

Q.:  BDA has allotted me a site at Anjanpra layout.  I would be paying full cost of the site shortly and would like to know the location of sub-registrar’s office where conveyance deed needs to ne got registered?

A.:  Documents executed by the Bangalore Development authority in respect of the properties falling within the area of the Bangalore City Corporation are to be presented for registration at the district registrar’s office located in the main office of Bangalore Development Authority, Kumarpak, Bangalore.

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