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Demand of Paghadi

(Querist) 28 September 2009 This query is : Resolved 

Dear Sir

I have 2 room rental property under my company name.

Now I am trying to sell the company along with Business name.
Can the land ask for transfer charges?
The rental receipt will remain in the name it is issued today.
How do I inform the landlord that the new owners of this business are Mr. ______?

Pl advice and oblige.

Regards
Tarun Sheth

Raj Kumar Makkad (Expert) 28 September 2009
It is very important to first know in detail your rent agreement executed between u and owner of the property but keeping in view your facts it is suggested just to to inform him in writing just about change of MD/CMD/Partner etc. what so ever your status may be written in the rent-deed and no further details are required to be given because sub-tenancy is not permissible without specific agreement/acceptance of owner and this can also be treated by him as sub-tenancy so better without disclosing un-necessary details, only inform him change of guards of the company and nothing more.
Manish Singh (Expert) 28 September 2009
Dear Mr. Tarun,
you are only required to intimate the landlord about change in the management. since the company is the same thus legal entity as a lessee will remain the same but only new directors,members are going to be included, it shall not amount to sub-licensing or sub-leasing thus even if there is no clause in the agreement allowing the company to sub-lease or sub licence the premises, you are free to go on with the transactions.
joyce (Expert) 28 September 2009
I agree with Manish.
Sarvesh Kumar Sharma Advocate (Expert) 29 September 2009
I agree with Mr. Manish.


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