Regarding sale of pagdi commercial shop
vineet
(Querist) 07 September 2012
This query is : Resolved
Respected Experts,
i`m a tenant in a prime commercial property since 1977,My tenancy is in my firms name and me and my wife are partners.
The landlord passed away in 1990,he has 2 sons,the elder son claims he has got the share of the said premises and he is my landlord now,he however hasn`t shown any proof of inheriting the said premises.
He stopped taking rent and issuing rent receipt since 1997,i however sent him rent many times through R.P.A.D,which he didn`t accept,i have proof of that.
In nov 2011 he filed a case against me in court of small cases,on the basis of bonafide requirements for his wife`s clothing boutique,and that i haven`t paid him rent all these 15 years.
My lawyer is handling the case and i have given him the power of attorney to present me for the hearings.
for quite sometime the proceedings kept taking place and now the latest update is that the case has been put up as pending as the landlord stopped pursuing the matter.
My query is:
1)my lawyer says that he has put an application in the court for depositing rent as landlord isn`t accepting it,but since the court has put the case in pending,we cannot deposit the rent in court till the court gives orders,is it true?
2)i had paid rent till march 2012,i still have to pay rent till sept 2012,my lawyer says no need of that as of now as our case is still going on and we will deposit in the court once we get permission from court.Is it ok?
4)since the tenancy is registered in my firms name,can me and my wife surrender our partnership and sell our tenancy by taking prevailing market rates and let the new party deal with the case and the landlord.
Before my landlord filed a case against me,many times i had offered him money for ownership at today`s market rate even though i had already paid pagdi in 1977 prevailing to that times market rates,still the landlord isn`t interested in giving me ownership and wants me to vacate the premises.
He already has many properties fetching him todays market rates rent,still he wants me to vaccate,me on the other hand dont have the finance to invest in a new shop and am earning my bread and butter from this shop since 1977,
ajay sethi
(Expert) 07 September 2012
you cnanot sell premises without consent of lanlord . he wont transfer rent receipt in name of purchaser . although lanlord has may properties he dosent want to settle the case . have faith in your lawyer . you can deposit rents in court if landlord dosent accept it
vineet
(Querist) 07 September 2012
Thank you for your reply sir...
like i`ve mentioned earlier mine tenancy is in my firms name and its a partnership firm,
what if the new buying party is willing to continue working under my firms name,so no need to change the name on rent receipt..
and this way we are not selling the property,but just changing partners..
ajay sethi
(Expert) 07 September 2012
take your money and scoot if they are willing to become partners
vineet
(Querist) 07 September 2012
Thank you for your help sir,You all are doing a wonderful job in helping many people like me
prabhakar singh
(Expert) 07 September 2012
i am so sorry to state that if you are in u.p., inducting new partner in partnership firm without consent of land lord would amount to subletting with respect to premises let out.
