Corut Receiver - Rent Payment.
Querist :
Anonymous
(Querist) 09 May 2011
This query is : Resolved
Dear Sirs,
My father has a tenanted office premises since 1975 in mumbai with two other partners. The said office was in firm name i.e. M/S. XYZ. My father expired in 1986. I got married in 1989. However, the business of my father remains continue till 1996 by 2 other partners without intimating the landlord about the death of my father, hence, the rent receipt remains in the same name of firm M/S.XYZ. During 1996, entire firm M/S. XYZ has been dissolved and other 2 partners has surender their rights in the said office premises in favour of my father and in exchange, they got some other office/csah etc. Hence my late father, beocmes the sole tenant of the said office premises. However, none of my family members has made any attempt to inform the landlord about the dissolution of the firm and till now the rent receipt is remain in the name of firm M/S. XYZ, consist of 3 partners (inluding my father) in the records of the landlord.
Now, since 2007, due to some dispute within the landlord brothers, court has appointed a receiver to collect the rent and has impossed a stay on any transfer of the premises.
Last month, I have informed the landlord in writting about the facts of the death of my father and the dissolution of firm and also provided the copy of the death certificate of my father. This is the first intimation to the landlord about the death of my father and the dissolution of the firm. I have made a claim for my share in the said office premises as a one of the legal heir of my late father. I have made a payment of rent of one year to the court receiver, but one of my brother has raised objection against my payment as he claims himself as the sole tenant of the premises.
Till now, my cheque for the rent is lying with the court receiver without depositing the same in to bank.
What is the remeady available to me to secure my rights?
Please advise.
Thanks.
s.subramanian
(Expert) 09 May 2011
You can file a petition to implead yourself as a party defendant in the suit filed by the family members of the land lord and agitate all your rights in the same suit.
Kiran Kumar
(Expert) 09 May 2011
its strange that the court stayed the transfer rights of the landlord in the instant case.
firstly the tenancy was in the name of firm, since your father had already expired and you did not become the part of the firm....the subsequent dissolution of firm and surrender of tenancy does not make you late father tenant.
the question is how can a dead person become a tenant?
since you have given the detailed information to the landlord regarding death of your father and dissolution of firm, it all is going to be fatal to your case.
only for the reason that you are legal heir of your father, you can not become a joint tenant.
even if it is presumed that you were joint tenant, but in actual terms the tenancy was that of a firm and not of separate individuals....your father died and other two surrendered the tenancy...no rights for you now.
Its my opinion, there may be contradictory view also.
