Ownership under shops & establishment act
TRIBHUVAN PUROHIT
(Querist) 24 January 2012
This query is : Resolved
Sir,
One of our market trader having his shop and attic attached to it.
The grandfather of trader has given the attic to one friend for doing business.
Now the grandson needs some funds and wants to sell the attic but the person occupying denied and demanding money.
He shown the one and only document i.e. The Bombay Shops & Establishment License and claiming his ownership but the trader friend of mine having absolute agreement mentioning ownership of attic.
He has been paying electricity, water, best i.e. every bills raised in the name of shop.
Kindly help me out to sort this as well as please let me know by just having shops and establishment how one can claim ownership.
What are the documentary evidence required under shops and establishment for principal owner of the premises.
Awaiting earliest reply.
Thanking You
Tribhuvan Purohit
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2012
whatever any law may provide in provide matters nine points possession and one point all others.
prabhakar singh
(Expert) 24 January 2012
Make your query a little more intelligible so that i can answer it in proper way and not in evasive way.
ajay sethi
(Expert) 24 January 2012
The procedures for registration of an establishment, as specified in the Act are thus:
• The employer has to submit to the Senior Inspector of the concerned Municipal
Corporation of Greater Mumbai (MCGM) Ward the fully filled Form ‘A’ along with the
requisite fees and any one of the following documents2.
1. The rent receipt or maintenance bill (if located in a housing society) in the name
of the employer, issued by the landlord or society.
A letter of consent from the principal tenant or the owner of the premises if the
employer is not the tenant or owner himself.
3. A valid leave and license agreement between the owner and the occupant.
4. An affidavit cum Indemnity bond specifically expressing the reason for not
producing any of the above documents in addition to the other usual clauses.
5. An electricity bill of the premises.
6. A ration card, if the establishment is functioning at a residential place.
7. A tax bill of the premises.
8. A premises allotment or occupation certificate, or an order issued by the
Government, a semi-government or municipal authority in favour of the
employer.
• The employer has also to include some proof of business transaction to show that the
business is in existence.
Jai Karan Nagwan
(Expert) 24 January 2012
Shop registration is not the prima facie proof of ownership of the premises. send notice under section 106 of TPA and if he does not vacate file suit under Specifc Relief Act for recovery of possession.
Sailesh Kumar Shah
(Expert) 25 January 2012
Kindly help me out to sort this as well as please let me know by just having shops and establishment how one can claim ownership.
Answer:you can't claim ownership by merely registration with The Bombay Shops & Establishment
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 January 2012
you can not claim ownership but possession can not be disturbed except after due process of law which a bottom less pit.
Shonee Kapoor
(Expert) 25 January 2012
You can not claim ownership.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
