aashish nihalchandani (owner) 25 May 2011

Can tenancy rights be claimed?

Father (F) has two sons A & B.

A does a rent agreement for a commercial shop and pays the Pagadi too. F, A & B enter into a partnership agreement and establish a partnership firm from the shop. In the agreement, A unknowingly shares his tenancy rights with B in the ratio of 60:40. After few years B seperates from the family altogether and starts a new business from some other place. But B continues to be a partner with F & A as they never demanded dissolution of the partnership. B continues to be a partner and recieves renumenaration from the partnership in books but not in actual. F expired few years back. The partnership still stands as it was decided in the agreement that it shall not dissolve upon death of any one of the partner. A also has been carrying on the business in good faith. kindly advise:

1. Can B claim tenancy rights from A legally

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5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 25 May 2011

yes it is possible and it done properly this is the only method for change of ownership of rented properties.

aashish nihalchandani (owner) 25 May 2011

As per rent agreement of A , A could not sub let any part of the premises without the permission of the land lord. A shared his tenancy rights unknowingly and in good faith.

So how can B procced to claim tenancy rights? What is the procedure?

niranjan (civil practice) 25 May 2011

Though A is the original tenant,but partnership firm was running the business,so inducting partners is not sub tenancy.Though B is out of business but continued as partner in the firm so he can claim co-tenancy with A in the premises. It is better to dissolve partnership with B so that A can only be continued as tenant and sole proprietor of the firm.