Office premises eviction suit by another co-parcener of huf
Querist :
Anonymous
(Querist) 19 May 2021
This query is : Resolved
I (Assume A) am one of the co-parcener of HUF, partition settlement among the family members is failed and thereafter we filed partition suit before the Court and now our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. One of the family property which is in the name of another Co-Parcencer(Assume B), taking the advantage of his only name in the registered document has filed eviction suit against me( A) in the Civil Court on the basis of rental agreement executed in the year 2014 by another co-parcener (Assume C) to use 2nd floor of the property for business purpose.
I (A) and another co-parcencer (C) are having a Partnership Business, since from 2014 and closed the Partnership in the Year 2018,
The rental agreement referred above is executed by C with B without my knowledge, and the reason behind this rental agreement is to create address proof for the Partnership Firm to open Bank Account and to take government registration such as VAT, PAN and other local registrations. The rental agreement is signed by only C and not by mine (A).
The Partnership firm have never paid rent since from the date of rental agreement, either Partnership Firm has shown as expense or B has shown as rental income in Income Tax Returns.
The term of lease period is missing in the rental agreement
The rental agreement is unregistered and not renewed at all.
The rental agreement is signed by only C, representing as a partner of a Firm.
The rental agreement is executed at a time when this property is under construction and not having power connection.
I have resided in this property, since from 2010 along with all other co-parcencers, as this property is common for residence and business for all the member of the family upto 2018, thereafter elders of the family decided to divide the family, for this I have all the supporting documents such as Gas Connection, Voter ID, Aadhar Card, Bank Statements and other all address proof documents.
Under such circumstances, My questions to the Experts are as below:
1) Rental Agreement executed by C in the above case bind me (A)? our Partnership Deed is not having clause for signing and execution of documents on behalf of Partnership Firm.
2) Is it valid rental agreement due to lapses mentioned above?
3) Can I take stay on the above case, when our Partition suit is pending?
4) Can you guess the final verdict of the Court on the above facts and circumstances?
Thanks in advance
kavksatyanarayana
(Expert) 19 May 2021
Wait till the decree is announced. To me, 1. No. The firm is already closed and the agreement has no value. 2. No. 3.& 4. Your own counsel may guide you.
T. Kalaiselvan, Advocate
(Expert) 20 May 2021
1. Even though the unregistered rental agreement signed by one of the partners on behalf of the firm is legally valid and binding on all the partners because it was executed on behalf of the firm, since the lacuna mentioned b y you would make it as an invalid agreement, however there is a clause called oral agreement, which is valid, but there should be proof of rent paid for the rented premises to establish landlord - tenant relationship.
If the property do not belong to the partnership firm neither to the partners of the firm, then on what basis are the partners doing business in the premises, that can be termed as illegal squatting and liable to be ejected.
2. If the partnership firm has been dissolved then how can you still continue to occupy the property which do not belong to you or the other partner.
The rental agreement may not be valid but you occupying the property is equally illegal.
3. If this property is not part of the disputed properties in the suit for partition then your application for stay may not be entertained by court.
4. The judgment o a court cannot be predicted by anyone, hence do not stretch your imagination on that aspect.
Querist :
Anonymous
(Querist) 20 May 2021
Thanks T Kalaiselvan sir for your elaborate reply on the subject, after reading of your reply i would like to add more on the above matter as below:
Ours is a joint family having joint in all respects of estate, food etc. total members of the family is around 50 and till today partition is not happened, we are all living together having common in all aspects till 2018,The parties mentioned in the above case are all members of the family till 2018, the property mentioned in the rental agreement is also a disputed property and has been mentioned in our partition suit. This property has been purchased in the year 2010 and new building has been constructed in the year 2014 contributing all the members (including me) of the family to pay towards purchase consideration and new building construction cost. All the family members has done contribution due to existence of HUF, but mistake we have done is registered this property in his alone name. now he is taking the advantage of that mistake.
I am resided in this disputed property along with other family members since from the date of purchase (I e 2010) till today and I want to stay in this property until final decree of our partition suit.
I would like to know the advice of the Experts on the above.
Thanks
T. Kalaiselvan, Advocate
(Expert) 25 May 2021
Since you are staying in the same property till date and there is no order from court to vacate the property pending suit for partition, you can continue to reside/stay in the property till the disposal of the suit for partition.
Since this property has been included as one of the items of the suit properties and is under dispute, you an remain in the property till the court disposes the suit.
Querist :
Anonymous
(Querist) 26 May 2021
Thank you very much T Kalaiselvan Sir for your opinion
