vishesh kumar
(Querist) 18 March 2012
This query is : Resolved
a' and his three brother and mother entered into partnership deed with x' after two years said comes to an end.the firm was carrying its bussness in rented shop taken from muncipal corporation on rent. a' and his brother and mother gave their written consent to corporation for transfer the tency in the name of x' becouse after redition of the account shop in dispute comes in his part x'. even after requst from a and his family member tenancy stand on thier name'
whether a' and family member has write to transfer such right to x'
whether thir action is legal' or not
a and its family whether have any remedy at this stage for possession?
3. Possession in the record is in their name until modified by corporation.
s.subramanian
(Expert) 19 March 2012
In so far as the land lord (municipality) is concerned, the tenant continues to be A till it is terminated. You cannot compel it to transfer the lease to anybody else's name for any reason since your partnership deed will not and cannot bind the land lord.
Unless the original partnership deed is cancelled,the tenancy cannot be transferred to X . Once the deed is terminated the Corporation may allot it to X or to a new person.
Nadeem Qureshi
(Expert) 19 March 2012
I agree with experts
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