My grandfather had leased out a parcel of land for 50 years to Tenant A.

Grandfather is no more, the only heir, my mother has given me POA.

5 years ago without my consent or knowledge, Tenant A allowed her tenant (Tenant B) to demolish the old structure and build a 6 story commercial building and sell the units to other tenants (illegally). I approached the KDMC but, since they had some years left on the lease, they allowed the construction.

The lease agreement has a clause in it, that the lease can be further increased to 25 years, if no lease clauses were violated, which they were.

Tenant A has died, and as I understand that here right died with her. Tenant B is not my tenant or has any rights in the original lease agreement.

Property is located in Dombivili, Thane, Maharashtra, right opposite the train station.

The lease is ending this Nov 1, 2009. and I have no intentions of releasing the land.

There is a newly constructed building on the land, and Tenant B has approached me to release the land for 25 years and to let the tenants form a society, which I know if I allow that, I loose the property forever.

What I want is the land back, so to all you legal experts out there, what are the steps to obtaining my goal?

Please note, that I live in Canada.

Thanks in advance.

Sameer Thakur
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  • First give a notice for eviction with six months time to evict and file a suit for eviction if he is not giving possession. Once lease period is over, if you are not giving notice for eviction and you are continuing in getting your rent then you ratify the lease for next term as agreed in the lease deed. so first give a notice through a lawyer or you in wrting asking him to hand over the possession within six months from the date of reciept of the notice as lease is getting over in November.