Lease agreement

Advocate M J (Querist) 31 August 2016 This query is : Resolved
Good Morning learned members
I have leased on rent my premises. and the lessee is running his hotel business. Now the lessee is not able to carry on his business, he wants me to take over his business( i a m the owner of the property). I have entered into an agreement of lease for period of 5 years, which will end at 2018.
Now shall i cancel the agreement and entry into a fresh agreement of business take over.
Kindly guide me
thank you

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Guest (Expert) 31 August 2016
Dear Advocate M J,

Are you not aware of the fact that, as an advocate you can not do business, besides your practice?

Rajendra K Goyal (Expert) 31 August 2016
An Advocate can not do other business.

Full language of the agreement need to be referred.

adv.bharat @ PUNE (Expert) 31 August 2016
Agreed with expert opinion.

kavksatyanarayana (Expert) 31 August 2016
you cannot do business while practicing as lawyer as already advised by experts. if you want cancel the registered lease, both the lessee and lessor may execute surrender of lease. the registration rates to be paid as applicable in your state.

Raj Kumar Makkad (Expert) 01 September 2016
You might not be doing business in your name. Anyway, you should first get the lease-agreement rescind from the sub-joint registrar wherein the same was registered and thereafter assess the value of the credit and infrastructure which the tenant has incurred and accordingly pay him if you have to take over the business for ever otherwise better to execute the agreement as per settled terms but not in your name rather of any other member of your family as you are barred by Advocates Act, 1961 to do any business.

Rajendra K Goyal (Expert) 01 September 2016
Option suggested by senior expert raj kumar makkad ji is practical and acceptable.

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