Property
Karan
(Querist) 19 December 2016
This query is : Resolved
My father is running his business from one of his own shop. Landlord of same is not taking rent from last so may years ( not also from many other tenants also ).
We are four brothers, three having their own seperate business ( owned by them only ) in seperate premises respectively, all premises owned by father & one is given monetary compensation equally happily.
Want to mention whether it is relevant or not (as a proof )shop establishment department has stopped taking fees for the same shop from fathers company, as landlord has filed a case against us with all the tenants.
I am having my own business with sales tax registration from this shop address only with father's permission from so many years. I donot have shop establishment registration as already was in my fathers company's name. Now department is even not ready to make registration of my company due to ongoing case.
My father wants to close his business from this shop & wants to handover this shop to me in his will happily with all brothers concern. There is nothing in my name of this shop as of today legally except sales tax registration.
1. Now I want to know whether our landlord will treat me as legal heir & owner of this shop OR can he throw me out suddenly if my father dies before signing his will mentioning me as an owner of about this shop.
2. What should I do so to make it as my legal owned shop from landlord & also from my brothers.
Please suggest accurate legal procedure to make it in my name as an owner.
Rajendra K Goyal
(Expert) 19 December 2016
There is a dispute and case is pending in the court. Landlord is not taking the rent.
You started / working from the premises without the permission from landlord, if properly handled it may amount to subletting.
It is better to have amicable settlement with the landlord and get the tenancy transferred in your name.
Karan
(Querist) 19 December 2016
Thank you Rajendra sir for your response. Our landlord is not ready for it we already tried that. Is there any other options sir if you can suggest please.
Karan
(Querist) 19 December 2016
Rajendra sir case filed by landlord in 2014, My co.'s address registration of sales tax is from 2001 & also from 2007 with new VAT TIN no.
Kumar Doab
(Expert) 20 December 2016
Is this shop owned by your father?
Karan
(Querist) 20 December 2016
Yes sir shop is owned by my father. We have old rent paid receipt also, suddenly landlord has stopped taking rent.
Rajendra K Goyal
(Expert) 20 December 2016
Discuss in detail with your lawyer.
Whether your father preserved any proof of refusal i.e. returned money order / cheque sent by registered post returned with the reason refused to accept and envelop still not opened?
Father can deposit the rent with rent controller / court if landlord is not receiving.
Kumar Doab
(Expert) 20 December 2016
Your father was not owner.
As per your post your father was tenant.
Karan
(Querist) 20 December 2016
Our shop building is an old one having old paghadi system, so we all the tenants were paying rent. So as Kumar sir is saying that we are tenant & not the owner it is little confusing for me.
Rajendra K Goyal
(Expert) 20 December 2016
Tenant is always tenant, he is not a owner of the property.
Kumar Doab
(Expert) 20 December 2016
Case has been filed.
Your own counsel must have advised you.
So you should have attained clarity.
Karan
(Querist) 20 December 2016
Ok as per your guidance we should take advice from a lawyer. Thank you very much Rajendra sir & Kumar sir for your valuable advice.
