subletting legal or illegal
nikhil gupta
(Querist) 18 October 2014
This query is : Resolved
We have a very old undivided disputed property in old delhi. In that property we have a tenant Mr. X who gives to Mr. Y(owner) but somehow Mr. Y is expired 5 yrs ago. Now the tenant is refusing to pay rent to Mr. Z (son of Mr. Y) as he is saying he will pay the rent only on the receipt containing name of Mr. Y as owner as he is saying he will not change the name on receipt. And in between this Mr. Y has rented the same to another person call Mr. A on terms in there partnership deed that he will provide him only workplace and all the stocks and maintenance will be borne by Mr. A only and he will take share in profit only, no loss will be bear by him or his place. Now Mr. A approaches Mr. Z that if he want then he can make rent receipt in name of Mr. A and he is ready to pay all the previous dues and continue new agreement.
(All previous rent receipts are made in name of Mr. Y & Mr. B ( B as another owner in property. Mr. B has sold his share to another person).
Devajyoti Barman
(Expert) 19 October 2014
This is a case of sub-tenancy without written permission of the landlord warranting eviction of the tenant.
The current landlord i.e. z cn file suit for eviction against the tenant and the occupiers.
nikhil gupta
(Querist) 19 October 2014
But there is a partnership deed between Mr. X & Mr. A mentioning that the place of work will be of Mr. X and everything else will be of Mr. A.
And please tell is it legal for Mr. Z if he makes the receipt in name of Mr. A. As there is no receipt has been made after the death of Mr. Y.
Devajyoti Barman
(Expert) 19 October 2014
creation of partnership is amounting to inducting new tenant in the tenanted premises which is nothing bt creation of sub-tenancy without the permission of landlord.
ajay sethi
(Expert) 19 October 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 19 October 2014
The owner should file case for eviction on the ground of sub letting.
nikhil gupta
(Querist) 20 October 2014
But if the owner directly makes the receipt in name of Mr. A
It will be legal or not ?
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
If the owner is making the receipt directly on the name of A, it means the owner has accepted the sub tenancy and it is under his permission and consent. Hence do not do that mistake, it is better to follow the advised suggested by experts above.
