Subletting a Pagdi Property

Querist : Anonymous (Querist) 05 July 2011 This query is : Resolved
Sir, I have a shop which I had taken on Pagdi, The owner has given me the permission to sublet the shop and inreturn wants me to pay him twice the rent. Should I go ahead?

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Devajyoti Barman (Expert) 05 July 2011
If it is profitable then go ahead.

Querist : Anonymous (Querist) 05 July 2011
Sir, the rent receipt which he gives us has "no subletting" printed on it. But he has given us in writing that rent if I sublet will be X and if I use it personaaly then the rent will be Y. Now will it be legal to sublet?

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 July 2011
get an agreement registered.

Ravikant Soni (Expert) 05 July 2011
Yes with consent of the landlord you can sublet the premises.

There is a major deference between 'subletting' and 'change of tenant'.

Subletting is a contract in which you give the possession to a sublet-tee and recover monitory consideration from him. Still you are tenant of the original landlord and your tenancy still exists. Subletting is a contract between you and the sub lessee. Here original landlord is stranger to this covenant.

But in change of tenancy the newer tenant takes the place of you and he becomes the tenant to landlord. After this phenomena you are free form the original contract between you and landlord.

So I suggest you do whatever you want but take notice of my aforsaid view.

prabhakar singh (Expert) 05 July 2011
"no subletting" on receipt should stand deleted,in order to get the agreement llegal.its registration is a must.

Querist : Anonymous (Querist) 05 July 2011
Sir, Can I do notary in place of registration as I dont think that my landlord will come for registration.Thank You very much for your Help.

prabhakar singh (Expert) 05 July 2011
A notary deed shall not be legal one,but in absence of nothing it would be better to have some thing,may be it is read by court for collateral purposes,though doubtful,as 'sub tenancy ' covenant amounts to terms of a lease.

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