Querist :
Anonymous
(Querist) 10 December 2009
This query is : Resolved
My father has taken a office on rent in 1974. he has paid a lumpsum amount as pagri to the owner. the owner and father both are no more. I am still using the office and paying the rent to heirs of th owner and taking receipt in my name. however we are paying all the municipal taxes and repair works for last 10 years. At present the office needs a repair work in order for me to work there. It will cost much. I am planning to shift my office instead and keep my document and files in the old office. Do I still have any right in the property? can I sell my tenancy rights? considering we are paying all taxes and had given pugri is there any relief for us? there is no written agreement between my father and the owner including about the amount pugri paid. However our names are registered in municipal assesment record as tenants.
Devajyoti Barman
(Expert) 10 December 2009
Mere shifting of your office to other place does not relinquish your status as tenant anyway. The Rent Receipts are enough to establish your status as tenant leave alone the Corporation Record. You can not sell your tenancy rights though you can create sub-tenancy in favour of other.
niranjan
(Expert) 10 December 2009
The landlord can file eviction suit against you on the ground of acquiring alternate accommodation and also keeping vacant for more than six months and causing damage to the property. Instead,you may ask your landlord to put the premises in usable condition and till he does so,you may occupy another premises.
Raj Kumar Makkad
(Expert) 10 December 2009
The opinion of Barman n niranjan is accurate.
joyce
(Expert) 10 December 2009
I adopt the answer stated by Both the experts above.
Vineet
(Expert) 11 December 2009
I understand Tenancy rights are sold in Mumbai and the same do find mention in Stamp Act also.
I agree with Mr Burman on the issue of your Tenancy and also agree with the concern shared by Mr Niranjan. If you are not transferring your tenancy rights and shifting the office also, do not vacate the premise and keep your records etc there to prove that the same is being used as your back office.
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