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Ramalingam Kalirajan |10881 Answers |Ask -Follow

Mutual Funds, Financial Planning Expert - Answered on Jun 20, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more

Question by Vanessa on Jun 09, 2025Hindi

we were tenants in a 100-old cessed building since mid 1930s, we were regular rent payers - suddenly in 1984, the Landlord (LL) changed the name on rent receipt (RR), we sent a legal notice to LL to (1) arrange rent collection (since he stopped), issue RRs in our name and a rent cheque for the previous year - there was no response - then we filed a RAD suit in 1985 which was dismissed due to no action - the 1st LL sold to 2nd LL, who filed a RAER and took a decree in the changed name - we did not move out - exe. application filed - we did not move out - obst. notice filed - we filed another RAD in 2017 - we are the obstructionist - Now 2022 the building has gone for redevelopment - we gave possession of the room without the execution of PAAA - builder is paying transit rent - mhada (mbrrb) is custodian- our tenement is accepted but names kept in abeyance - IN ALL THIS - DO WE HAVE TO PAY RENT in court since 1984

Ans: Rent Liability Since 1984
You continued to occupy despite rent receipt name change

RAD suit was dismissed; no decree for rent recovery

The new landlord obtained RAER decree in changed name

You did not vacate or comply with the decree

Execution proceedings followed without eviction

Under law, decree-holder can claim rent from occupant

Legally, rent liability exists from decree date, not from 1984

Even if RAD suit was filed or pending, decree overrides pending RAD

So yes, you are likely liable to pay rent from the time decree was passed (post-RAER), not from 1984.

Impact During Redevelopment
PAAA (Real Estate Regulation & Development Act) not executed yet

You handed over possession for redevelopment

Builder paying transit rent to custodian (MHADA/MRBRB)

Your tenement recognized, but naming unresolved

In redevelopment scenario:

Legally, you must keep paying transit rent as long as you occupy under redevelopment process

Not paying rent could weaken your legal entitlement to redeveloped unit

Actions You Should Consider
Get clarity on decree dates

Check RAER decree issue date

Understand eviction/arrears eligibility period

Confirm monthly transit rent and payment status

Ensure builder is paying to custodian or court

Obtain record of payments against your unit

Resolve naming issue in builder records

Consult with custodian (MHADA) and builder

Provide paperwork (old RRs, rent receipts, identity proof)

Ask custodian to update your tenancy name officially

Settle rent liability in proportion to decree timeframe

Ask builder/custodian/court to clarify rent due period

Make payment into court or custodian trust for past-decree period

File for protection under redevelopment regulations

Ensure your entitlement under PAAA is confirmed

Keep documentation of legal notices, suits, decree, possession handover, and transit rent payment

Why This Matters
Holding tenancy without addressing legal liability may lead to title issues

If redevelopment completes and possession given, you must have clean entitlement

Paying transit rent and clarifying decree period strengthens your legal position

Clearing arrears prevents post-redevelopment disputes

Final Insights
You do have to pay rent, but only from decree date onward, not retroactive since 1984

Continue receiving transit rent via custodian/builder

Act now to resolve name records, clear rent liability, and protect your redevelopment rights

Consult a housing law specialist to file applications or seek relief if needed

This path offers a balanced, legally informed route to protect your tenancy and redevelopment rights.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

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