Bonafied need: can my mother demand shop under bonafied need for her daughter in law (my wife) ?
Struggling Landlord
(Querist) 29 October 2013
This query is : Resolved
I own 4 small shops on ground floor, (All are rented)
My mother (aged 70 yrs) also owns 2 big shops which can be divided by partition. But they are also rented.
Now my wife wants to start her own/new business in one of the shops of my mother.
Can my mother demand a shop or (part of shop) for bonafied need of my wife ?
Thanks in advance
V R SHROFF
(Expert) 29 October 2013
settlement with tenant is only way out for fast & effective eviction.
Rajendra K Goyal
(Expert) 29 October 2013
Try for amicable solution, legal path may take years with uncertainty.
Advocate Bhartesh goyal
(Expert) 29 October 2013
Yes, your mother can ask tenant to vacate the rented premises on ground of bonafide necessity of her daughter in law.As per law her daughter in law will be treated as family member.please go through the A.I.R 2002 S.C 2256 Joginder Pal vs Nawal Kishore.
Raj Kumar Makkad
(Expert) 30 October 2013
I do agree with Bhartesh g. Bonafide need can very well be established by your mother in the given case.
malipeddi jaggarao
(Expert) 31 October 2013
Agreed to experts Mr.Bhartesh and Mr.Rajkumar.