query related to rented shop
VINOD KUMAR JOSHI
(Querist) 22 February 2015
This query is : Resolved
Dear Sir,
I am running one rented shop (general store) since 1959 approx. at that time rent was very nominal amt. In year 2010 our landlord hike the rent amount. we are agreed & paying that. He also issue us in the year 2010 a affidavit mentioning that (1) My father is running that rented shop jointly/along with my uncle,my younger brother & mine since 1959. (2) rent amt. without any clause of increment of rent in future. (3) No objection in case of we applied for MCD licence, Electricity connection etc.
The rent receipt was issued till now in my father's name.
We have also paid our land lord two lakh rupees through cheque in f/o him, his wife & his father's name. without mentioning any type of security/pagri in this affidavit.
Now, the situation is as follows:
1. our landlord expired few years ago. & we paying rent to his wife with @10% increment after 3 years.
2. My uncle was expired few years ago & my father was also expired two month ago.
3. Now, I want the rent receipt in my brothers name.
please advise us what type of problems/complication can be arise/ask by our landlord's wife along with solutions for that.
Please reply at your earliest.
warm Regards
Vinod
Devajyoti Barman
(Expert) 22 February 2015
Issuance of rent receipt in your name or your brother's name is enough to create new tenancy in your name.
ajay sethi
(Expert) 22 February 2015
is the landlord willing to furnish rent receipt in your brother name?
Rajendra K Goyal
(Expert) 23 February 2015
If all parties agree on the request, it will be OK.
T. Kalaiselvan, Advocate
(Expert) 25 February 2015
If the landlord is willing to issue rent receipts of your brother's name, that will solve the issue oft tenancy and continue the landlord tenant relationship. If the landlord refuses to issue receipt for the rent paid, you may consult a local lawyer and take steps accordingly as per the provision of law.
VINOD KUMAR JOSHI
(Querist) 03 May 2015
Dear Sir,
I am running one rented shop (general store) since 1959 approx. at that time rent was very nominal amt. In year 2010 our landlord hike the rent amount. we are agreed & paying that. He also issue us in the year 2010 a affidavit mentioning that (1) My father is running that rented shop jointly/along with my uncle,my younger brother & mine since 1959. (2) rent amt. without any clause of increment of rent in future. (3) No objection in case of we applied for MCD licence, Electricity connection etc.
The rent receipt was issued till now in my father's name.
We have also paid our land lord two lakh rupees through cheque in f/o him, his wife & his father's name. without mentioning any type of security/pagri in this affidavit.
Now, the situation is as follows:
1. our landlord expired few years ago. & we paying rent to his wife with @10% increment after 3 years.
2. My uncle was expired few years ago & my father was also expired two month ago.
3. Now, I want the rent receipt in my Mother/brothers name.
We have ask our landlord's wife to issue the rent receipt in my mother/brother name. Now she refuses the same by saying that when the tenant (my father) was expire, then all the previous comitment/agreements are null & void. & she will not allowed to open the shop. if we open the shop then she will complaint against us in Police & CBI. She told us the following 1. she can issue a fresh tenancy receipt with a new rent amount which is 50 times greater then the old rent. 2. vacate the shop & reimbursement of paid amount without any interest on that. 3. fight through the court. for the along with solutions for that.
Please advice me what we have to do? let me understand/know clearly that wheather cour'ts decesion in our favour or not?
matter most urgent.
warm Regards
Vinod
