Tenant problems

Sir, pls advise.

i am having one shop on good will from 1985.I am paying rent rs. 200.00 per month and muncipal taxes directly to department. Nowi want to sale the shop and i am ready to pay 33% of the profit but my shop owner is not agree, he wants 50% of the difffernce. some one tole me that u directly same the shop and with that party u make onepartnership agreement  and show 99% woll be the new person and u show 1% on your name so dueto this shop owner will can not do any legally against me. pls advise.

Bhagwan you are locky that your landlord is ready to transfer , negotiate and settle the matter amicably instead of partnership headache.

Mr. Nigel,

Your post for the lady who does not stay in the tenanted premises. By law, the landlord can ask her to vavcate the premises and revoke the tenancy in Gujarat. She is lucky that the landlord has not done so. Also, though she may be able to prove that she requires the bungalow, it is very difficult as she has not been staying there for years even though the rent is paid by her daughter.

As per tenancy laws, tenancy is transferred to the persons staying with the tenant in the tenanted premises at the time of death of the tenant. since the old lady is not staying there, the tenancy may not be passed on to anyone unless they have evidence ot show that they stayed with the lady in the tenanted premises.

There is also no share in any tenancy in terms of any money. The person claiming share in tenancy has to come and stay there as his/her share. Only when the tenant transfers the tenancy rights ot a third party with proper permission from the landlord (who will take his share of the amount 33% for giving the permission if he wants to give the permission - the landlord may not give the permission and can ask fro vacating the premises)

So, the tenancy does not pass on to the children but to those who stay with her and she has to stay in the tenanted premises.

What she can do is to stay in the tenanted premises along with her daughter for some time and then request the landlord to transfer the tenancy in her daughter's name.

And the son cannot phone and ask for his share. Even fi he asks and also goes to court, he is unlikely to win.

S Jadhav

Dear Bhagwanji,

Many tenants do something regularly to get the tenancy transferred to third party which may not be correct.

You may discuss this personally with any expert or call.

S Jadhav

Thanks for your reply - The man who is asking for money, has apparently been saying that he is living with his mother, even though all correspondance from him is from mumbai - what type of evidence does one have to supply to a court to prove that there is no body staying in the house - i.e that the old lady is not living there nor is any one else.  In fact I believe the house is now so delapidated that it is virtually falling down!

Obviously I am sure you would need an advocate etc to do this - what sort of time frame would something like this take to resolve?

Nigel

Nigel,

Please ask the lady to talk or write to the landlord stating that she wants to transfer the tenancy to the name of the daughter and if that is done by the landlord then there should not be much of a problem. After that she can write a will in which she may mention that the daughter is the only person who will get the rights to the tenanted house.
 Hope that will suffice as a practical solution and you may not require an advocate.

S Jadhav