Regarding 33% issue

Vishal (Querist) 17 May 2017 This query is : Resolved
Hi..

My dad has shop in khar on paghadi system. Now he want to sell it. Intially landlord is not allow to sell but now she is ready on 33%.

Now main issue is that if new tenant wants to sell the said shop in future he will give 33% to landlord on his "profit". For e.g. today if he purchase shop say in Rs.50Lac and in future if he sell shop in Rs.80lac so he will pay 33% on profit i.e. 33% on 30Lac only but landlord denies she wants 33% on 80Lac.

Is there any such type of law exist? And if it is then please provide legal back up document?

Kindly advice.

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Kishor Mehta (Expert) 17 May 2017
Sir,
Please understand that the tenant does not own the premises. There are no laws on the percentage of sharing of the premium, between the tenant and the landlord, on rental premises. A tenancy can not be transferred without the consent of the landlord.
It is the prerogative of the landlord to demand a percentage of the premium as per his/her wish. Mutual understanding is always helpful.
Good Luck,
Kishor Mehta

Guest (Expert) 18 May 2017
100 per cent agree

Dr J C Vashista (Expert) 18 May 2017
The occupant (tenant) has no title and right to sell or transfer the demised premises, I agree with expert Mr. Kishor Mehta.

Guest (Expert) 18 May 2017
Agree with Experts

Rajendra K Goyal (Expert) 18 May 2017
Agree with the experts.

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