Against registered license deed.
Kishor
(Querist) 12 November 2016
This query is : Resolved
Respected members,
I am doing business in maharashtra from last 25 years. For business we took land on rent by signing registered license agriment for 20 year. Now in next month period going to expired. N landlord have no intrest to increase or renewal of agriment . He sent me a notice to vacant premise in next month, as well as period expired. So for settled business i never want to vacate this premises. So what can we do. I am also looking to take advice of local judicion. Plz give ur needful opinion. In what direction result may go.
adv.bharat @ PUNE
(Expert) 12 November 2016
As lease period is expired u need to hand over peaceful possession to legal owner.
Search another premises for rent basis.
Will u appreciate this answer by giving THANKS on my profile page of LCI?
Siddharth Dev
(Expert) 12 November 2016
Well I am agree with the expert but in case you should meet a local Advocate sometimes case looks very simple but in fact complicated
Thank you
adv.bharat @ PUNE
(Expert) 12 November 2016
Business can be settled at other premises also.
Kishor
(Querist) 12 November 2016
Any other way to stay with this property. Property belong to in prime location. So don't want to leave easily.
Rajendra K Goyal
(Expert) 12 November 2016
Amicable settlement is another process, which seems not possible.
Time of 1-2 years can be purchased / passed through litigation. Discuss with local lawyer.
Kishor
(Querist) 12 November 2016
Landlord is a trustee member of property. Recently he signed agreement with other at very chip rate. & For me he demanded very high rate for agreement or he says he will go as with notice which issued to vatate premise. This others agriment can give any benefits for me. Both property are nearby each other.
Rajendra K Goyal
(Expert) 12 November 2016
Discuss with local lawyer and proceed as per his guidance.
Kishor
(Querist) 12 November 2016
Sure sir I will also take local advices
But wanted perfect solution. Either can I retain premises or must have to vacate legally. I already took some local advices, but they won't tell us directly what result may go. If result going in opposition then I don't want to waste time, if any chances then still want to stay in opposition against landlord.
kavksatyanarayana
(Expert) 12 November 2016
You have to vacate the premises as the lease period is expired and legally you cannot claim. only way is amicable settlement to purchase the same property or to extend the lease period.
Kishor
(Querist) 12 November 2016
OK. Thank u all respected members for giving ur valuable time and precious suggestion.
Rajendra K Goyal
(Expert) 13 November 2016
You said:
Either can I retain premises or must have to vacate legally.
Reply:
Finally you have to vacate the premises, if lease not renewed. You can delay it during litigation time if they file case, meanwhile search for alternate premises.
adv.bharat @ PUNE
(Expert) 13 November 2016
Alternate prime location is also solution.
adv.bharat @ PUNE
(Expert) 13 November 2016
Promise the owner that you were ready and willing to do rent agreement with higher rent.
Rajendra K Goyal
(Expert) 13 November 2016
You want perfect solution, what is meant by perfect solution?
Decision of courts are also challenged and reversed by higher courts.
Kishor
(Querist) 14 November 2016
Can landlord have legal rights to get vacant premise without court order, ??
Hemant Agarwal
(Expert) 14 November 2016
PERFECT SOLUTION:
1. Depending on various parameters (Nature & Goodwill of business, Monetary Capacity to indulge in Legal Litigation, various other documentary proofs, and others), the Leased property can be retained virtually "endlessly" and business be carried on without any restrictions.
2. Vacating of leased Premises, are within parameters of Civil Law, AND the Land-Lord CANNOT legally force vacate such leased premises, subject to various parameters.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 14 November 2016
You have to vacate premises if court orders so.
Court can award any other relief sought by the landlord if fault found on part of tenant.
Forcefully he can not get it vacated legally.
Can be vacated with the consent of both without court orders.
Kishor
(Querist) 14 November 2016
@ agarwal sir ---I have strong business good will, but the agriment is registered. & I always get License fee receipt. So registered agriment can have strongest benefits to landlord.
Kishor
(Querist) 14 November 2016
Sir whats the meaning of virtually endlessly????
Kishor
(Querist) 15 November 2016
Can strong business good will eliminate the power of registered license agriment
Rajendra K Goyal
(Expert) 15 November 2016
In such case amicable settlement would be better solution.
