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patric (owner)     08 April 2013

Any chance for legal advice for mr.b?

One Mr.A a father purchased a premises on Mr. C's name that is his second son.But during the purchase he was not sure whether to put the name of Mr.C the second son or Mr.B the elder son.But since he put the name of second son Mr.C, he made sure that he gave the premises to the elder son Mr.B to  run bussiness with a power of attorney from the second son Mr.C.Today it has past over 17 years that the elder son Mr.B who is in possesion of the premises and also have licences on his name for that particular years.Now the worry is? for example.If the younger brother Mr.C ask Mr B the elder son to vacate the premises what shall be done?Cause for a 17years he have been taking care of that particular premises and also just to start business all over again somewhere else is a very difficult task.what is the best to do.if he Mr.C ask  Mr.B to vacate the premises is it good to vacate or challenge in it in the court. If he does challeneg it  will there be any help for Mr.B.cause the father is no more.



Learning

 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 January 2014

Why members have ignored this for 9 months?

This question can be put in a simple way. A owns a property, say, a shop. He rents it to B for his business. Can A evict B after a certain number of years? It is not so easy. By doing business from the location B would have earned considerably goodwill and many customers. Asking B to vacate would amount to asking him to relinquish or transfer the business itself. He can demand very heavy compensation.

adv.raghavan (Advocate,9444674980)     29 January 2014

B cannot challenge, If C ask to vacate he has to.C is the title holder and B is mere his agent to take care of his property.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 January 2014

What for the POA was given, to manage the property or to manage the business?  C was the owner of the property. If the business was in the name of B, he will have to be compensated to vacate the property.


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