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Suhel (prop)     30 June 2013

Tenancy - shop

dear advisors,

A and B are brothers, doing business in a retail shop ( pagdi system )

rent receipt in the name of  A

A dies in 1950 ( no heirs )

1952 C ( nephew of B ) joins as partner of B ( partnership deed avlb )

1969 B dies ( dissolution deed avlb, wherein B's wife transfers tenancy as well as business rights to C )

C continues business

from 1982 D ( son of C ) joins shop to help his father C in business

2001 D ( son of C ) joins as partner with C ( partnership deed avlb )

C and D ( father and son ) continue to do business ( in partnership )

2013 apr C dies

rent receipt still in the name of A

C occupied premises since 1952

D alongwith C occupied premises since 1982

D now continuing business alone

can D claim tenancy rights and ask the landlords to transfer the rent receipt in D's name ???

 



Learning

 1 Replies

2BHelpfull (Other)     30 June 2013

""wherein B's wife transfers tenancy ""

tenancy right cannot be trf by the tenant .

 

 

u have to approach the landlord and he has only the right to trf the name in tenancy .when D name is written as tenant in recipt then only he can claim tenancy right

 

kindy state in which state the property is situated


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