Shop lease
SHOBHARI
(Querist) 03 September 2013
This query is : Resolved
My uncle and my mom has a undivided share on my grandfather's property.This property is partly commercial and partly residential.My mother and uncle has decided to do a joint venture of the property and have executed GPA and JV agreement with a builder to construct 5 apartments in which my mom and my uncle would get 1 apt each with car parking space.In between my uncle had committed a commercial space to one of the shop keepers(who is a tenant in one of the shops) in his proposed car parking space and the builder has also agreed for the same.But the shop keeper is demanding the confirmation in writing in a stamp paper that the commercial space will be leased out to him post construction.He is adamant that he will vacate only if my uncle gives him in writing.He has not given any rental advance and just requires an agreement to that effect that the shop will be leased out to him post completion of construction.
We have tried explaining it to him and he is refusing to accept any explanation.
Pls help me with an agreement for the same.
Thanks.
Dr. Jyothi Vishwanath
(Expert) 04 September 2013
Future property cannot be leased in present. It will be void without any effect.Even if you execute it, it has no value.
Advocate Ravinder
(Expert) 05 September 2013
Instead of giving him lease after completion of the complex, you can vacate him by paying him lumpsum amount i.e. one time settlement and get a written undertaking with him that he has no rights over the leased property.
