Rent act
KD
(Querist) 21 October 2019
This query is : Resolved
I have let out a shop to a partnership concern. Now I have come to know that a few partners have retired and a new partner has been added in the partnership concern that too without my knoiwledge and permission. Can I get my shop vacated on this ground. Does change in partnership amount to subletting/parting possession ?
Isaac Gabriel
(Expert) 22 October 2019
Is there any agreement to terminate the rent deed if any change in partnership take place.? If not it may not be possible to vacate.Neverthless you can make new deed stipulating the same condition.
Hemant Agarwal
(Expert) 22 October 2019
1. The Lease /Rent Agreement is between you and the partnership firm (a legal entity) and not between you and the individual partners.
2. Above lease agreement CANNOT be terminated /revoked for legally non-tenable reasons like change in individual partners, which is a legal & normal process for any business. Further there is no legal requirement to take permission from the landlord to change individual partners, as long as the business module remains the same, for which the property was rented.
Keep Smiling .... Hemant Agarwal
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P. Venu
(Expert) 22 October 2019
Any such action amounts to interference in the firm's business!
krishna mohan
(Expert) 23 October 2019
Agree with experts. But, when renewal of agreement is due or fresh agreement is entered into, you can rent it out to the Managing Partner by name to prevent such issues.
KD
(Querist) 23 October 2019
Thanks to all for their valued responses.
Dr J C Vashista
(Expert) 25 October 2019
Whether the partnership is registered or unregistered?
What is the specific term & condition agreed in the Partnership Deed/ Memorendum of Association qua retiring partner?
Consult a local prudent lawyer with full facts/documents for better appreciation, guidance and proceeding.
