Inheritance to property and change of business.
KETAN J SHAH
(Querist) 14 August 2013
This query is : Resolved
Respected Sir,
In a commercial Rented property when the original Tenant who is in medical profession retires the property is inherited by the Son.Now when the son is NOT in medical profession can he change the business to some other field without the N O C from the Landlord.If he cannot do this can the Landlord terminate his Tenancy rights.
Secondly after the Tenant his wife, son,unmarried daughter have the right to the property but can the brother claim the right along with the Tenant's son
Please give your valuable opinion.
Thanking you in advance.
prabhakar singh
(Expert) 14 August 2013
Unless the term of lease specifically provides by it's covenant that leased premises shall be used only for purposes of running a doctor's clinic or medical store,
heirs of tenant can run any legal business,following registration rules of the business.
It is particular Rent control Act of a state which defines heirs of a deceased tenant or there order of preference, if any,you have not spoken about the state in which leased premises situate.
But! yet I can assure you, no law in any state recognises deceased tenants' brother as heir along with deceased tenants' widow,son and daughter or in preference of them.
KETAN J SHAH
(Querist) 14 August 2013
Respected Sir,
Thank you for your valuable opinion.
The Premises is in the state of Maharashtra and there is no lease agreement or Tenancy agreement executed between the original tenant and Landlord. The only document with the Tenant is the Rent receipt in Tenant's name.
As you said No law in any state recognises brother as heir but the Tenants brother is working in the premises just as if he is the owner .The tenants son is not in the medical profession as his father and uncle ( Tenants Brother )This person is signing each an every paper,document every thing. Can this be considered as Sub-letting.
It would be worthwile to inform you that the Landlord has filed a suit in small causes court for eviction and has terminated the Tenancy rights of the Tenant
Your valuable opinion will be highly appreciated.
Thanking you in advance.
Devajyoti Barman
(Expert) 14 August 2013
You are spilling the information one by one. The first post has vast dissimilarity with your second query.
Consult a local lawyer. The Rent Act differs from state to state.
You are silent on the issue f ground of eviction.
ajay sethi
(Expert) 14 August 2013
contest the eviction suit on merits . try to settle issue with landlord .
