Legal right in commercial property
Querist :
Anonymous
(Querist) 23 December 2011
This query is : Resolved
Dear Experts,
My father had rented a Office in South Mumbai from Mr.X & was running our family business since 1948. Since then we have been occupying & operating our business from that office till 2007.We have been paying them rent for this office regularly till today some years back. The sons of Mr.X( he is dead now) requested us three years back that they want to use the said office for their work as the office was empty. We allow them without sensing their malice.We still have our furniture & other stuff there. Now these people are selling this office & telling us that we do not have any legal right on this office & hence would not pay us any money from sale proceeds. We have all the proofs our running business from that office.We use to pay all the office charges(electricity,maintenance,etc)
Can anyone tell us what legal right we have on our office.Can we get stay order on the sale of this office.
Please guide me.
Regards,
Raj Kumar Makkad
(Expert) 23 December 2011
In the given matter, you can claim that the possession has been snatched by landlord forcibly and through civil court obtain the order of resumption of possession. You cannot get stay order against sale as this is legal right of landlord/owner but definitely you can resume your possession thereto. Once your possession is restored, owner shall have to come to your terms and conditions prior to its sale.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2011
Since the questioner says the office was empty and possession given to the owner three years back that too to earlier generation so now no LOCUS STANDI as tenant.
prabhakar singh
(Expert) 24 December 2011
Please state the following facts categorically:
1.up to what period the rent has been paid to them against receipts[date month time n year all]?
2.up to what period utilities bills have been paid ??
3.When X ,the land lord died,any payment made to heirs against receipt???
4.The date on which the premises were handed over,was any document prepared????
5.what was the understanding made between you two at then orally if no document was written?????
6.How can it be identified that furniture therein are owned by you??????
7.The office they run requires registration of any kind with any authority?,if yes,has they registered with???????
8.What is the situation of area people and police of locality??????????
Devajyoti Barman
(Expert) 29 December 2011
Anyway you can try your luck by filing a suit for declaration and injunction.
