Father (F) has two sons A & B.
A does a rent agreement for a commercial shop and pays the Pagadi too. F, A & B enter into a partnership agreement and establish a partnership firm from the shop. In the agreement, A unknowingly shares his tenancy rights with B in the ratio of 60:40.
After few years B seperates from the family altogether and starts a new business from some other place. But B continues to be a partner with F & A as they never demanded dissolution of the partnership.
B continues to be a partner and recieves renumenaration from the partnership in books but not in actual. F expired few years back. The partnership still stands as it was decided in the agreement that it shall not dissolve upon death of any one of the partner. A also has been carrying on the business in good faith.
kindly advise:
1. Can B claim tenancy rights from A legally?