Partition of ancestral tenancy
Swaty Gupta
(Querist) 29 January 2014
This query is : Resolved
Dear sir,as a joint family business, we hold an ancestral tenancy of a godown(tenancy dating back to 1950s, under delhi rent control act)in the name of the firm. now all the 4 partners want to split. if they partition the tenanted premises, will 4 different and new tenancies come into being; or would it be considered as the continuation of the same old tenancy split into 4? what would be the landlord's role in this partition?
Swaty Gupta
(Querist) 29 January 2014
sir, it is not academic, one of the partners is my husband. i seem informed only because i've researched the subject, read many acts and also lot of queries and your befitting replies :)been at it for 2 months now.....
let me explain the details. Grandfather of husband started business; bought many commercial properties...died very early leaving behind 4 sons...eldest uncle inducted a new partner 'S'(50% partnership), 22 years later the firm is dissolved and our family and the 'S' parted ways. now the successor of 'S' was dissatisfied with distribution and filed a suit for possession of one of our properties. the suit going on since 1980.
meanwhile, our family(4 partners) continued business. now business not doing well. the suit is on the present place of business. my husband recently started his own business. not to complicate things at the workplace, my husband wants to make use of another commercial property of ours which is in the name of the present firm. the query is regarding that only....
Devajyoti Barman
(Expert) 29 January 2014
The tenants may partition among themselves the tenancy but the landlord may not agree on it and it may hold all of them as joint tenant.
If he agrees they all will become separate tenants.
Swaty Gupta
(Querist) 29 January 2014
thank you sir, i've explined my case in detail above. grateful for your reply. kindly explain that joint tenancy or otherwise, will it be considered the same tenancy as continued.....
Swaty Gupta
(Querist) 29 January 2014
thank you sir, i've explined my case in detail above. grateful for your reply. kindly explain that joint tenancy or otherwise, will it be considered the same tenancy as continued.....
Devajyoti Barman
(Expert) 29 January 2014
Yes if the landlord so recognises else separate tenancy will be treated as new ones.
Dr J C Vashista
(Expert) 30 January 2014
The landlord may accept partition of the demised premises, then it can be separated.
However, since the tenanted premises was rented out the firm, which is not in existance at present,the decision of landlord shall prevail.
The circumstances which you have stated as "Grandfather of husband started business; bought many commercial properties..." it is not under tenancy but self-acquired (purchased). Be specific in your query.
Swaty Gupta
(Querist) 30 January 2014
dear mr vashista, thanks for your reply. actually the premises were rented out after paying pagri. i was told that it amounted to buying only, only the ownership status isn't there. thankyou for correcting me. :)
Swaty Gupta
(Querist) 30 January 2014
also, the tenancy is in the name of the present firm which is existing, and now all partners(4 of them, all from the same family) want to separate and go their different ways....
Rajendra K Goyal
(Expert) 30 January 2014
Amicable solution among the tenants is the best way otherwise landlord would be benefited.
Swaty Gupta
(Querist) 30 January 2014
thank you mr goyal. amicable solutions are being worked out between the existing partners of the tenanted firm. only point of contention is whether the landlord can create problems or do the tenants have an edge? partner are divided on this....
Dr J C Vashista
(Expert) 30 January 2014
Since the property is governed by the provisions of The Delhi Rent Control Act, 1958, which is heavily favouring tenants and demised premises can be inherited (by succession).
It is advisable to settle partition amongst family members amicably (use give and take policy)to continue business from the premises.
Otherwise, your family shall benefit the landlord and seek eviction, which is gaining legal sanctions.
Contact/engage local lawyer in your interest, you will be benefitted I am sure, although you have done lot of research, I appreciate.
Swaty Gupta
(Querist) 30 January 2014
thank you Mr. Vashista, my research benefited heavily by informative discussions by you all. i really appreciate the time,effort and work all of you put in at lawyersclubindia.com. it truly is a guide map in the maze of all things legal :)
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
Well advised by all experts, I agree.To add, let the infights not be come out so that the long enjoyed privilege should not be deprived for the sake of mere ego.
