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Jyothi (House Wife)     21 May 2012

Evicted from commercial property(30yrstenent,norentagreement

Hi,

This is regardning my cousin in Andhra Pradesh. He is having a shop for the last 30 years in a rental shop. Recently(20days) in road widening owner said he will repair the shop and will give it back. So they just moved their stock to another near by house and waiting for the changes from the owner. Recently owner asked for 2 Lakhs as a loan (not related to this rental stuff), but cousin could arrange 1 Lakh and said another 1 lakh he will arrange after some time. 

Today when my cousin went to owner to give another 1 Lakh he claimed that he spoke to his advocate and as per the advocate guidance he don't want to give the shop back to my cousin stating that he is already in that shop for 30 years and stating that he will start a small hotel in that. 

My cousin is completely depent on that shop and his entire family survival is depending on this. 

We tried talking to the owner but he refused to accept our offer. We said we shall provide a better rent and better advance than any one else. We could able to understand clearly that he just got feared that we may lose legal sanctity of this property if he still continue renting to my cousin. 

We told them we can take the shop rented on different person so that the tenentship is not continued. But owner is not at all accepting for any more discussions. 

In the same shopping complex he got total 4 shops. 2 out of 4 (including my cousin shop) is 30 year old and the other two are of 4-5 year old. He is just got evicted both 30 years old tenents and retaining the rest two 5 year old tenents. In my cousin shop he is telling he will start a hotel for his/her survival.

Against to this he is offering to a shop around half km away the current shop for 1 year and he is vorally telling that he will give make the shop exchange after that 1 year. He is telling that his advocate has adviced him so. my cousin take this 1/2 km distance shop there is of no use. And we can not even believe his voral commitment. Changing the shop for 1 year, the total business will be lost. 30 years built good will and reputation will be gone. :-(

We are completely in confusion what to do? HIs family will be totally on road and don't know what to do as next step? Kindly advice on the same before things go out of our hand. 

Some additional information:

1. We don't know the exact property title deal owner. We are talking to the owner's son (30 year old male person). Actual owner expired few years back and his wife is there. But we don't know whos name it is. But we know there are some legal issues on the property and the property is in court under some legal case.

2. My cousin he didn't have any rental agreement but so far last 30 years he was paying the rent with out any failure and as per the market rate rental. But no receipt. 

3. 20 days back he just moved his goods out as he said he will renovate and give it back (orally). Will this be considered as vacate?

4. As he paid 1 Lakh as loan with out any agreement and but not behalf of the shop advance. But we assumed that we can consider that amount towards the advance. 

5. We are ready to go for any kind of option which will not disturb my cousin business. We are ready to make any necessary agreement so that he is not required to fear about the property loss. We are ready to pay the advance and rent at par with the market demands. As this is his life survival we provided all these options to the owner, but owner is not at all accepting our offers. 

This is 4 members family LIFE matter. Please guide us ASAP. Please let me know if any more information required. 

Regards,

Jyothi



Learning

 1 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

If you have papers to prove that your cousin was a tenant for 30 years and paying rent, then he can approach the court to get possession of the shop again. If the tenancy agreement was not registered by the shop owner and you have rent receipts to prove that you were a tenant, the Courts are likely to give an order in your favour.

Also you may collect evidence of the owner's actions for further sipport.

Please take help of a proper advocate.

S Jadhav


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