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ashwin gaikwad (software analyist)     18 April 2011

Transfer of rent agreement?

Good day,

 

My father took a commercial property on Pagadi back in 1960. The rent agreement was done between him and the landlord. After few years my father transferred the rent agreement on my name. A new rent agreement was therefore done between me the landlord. Since then the rent agreement has been in my name and the rent reciept is in my name.

On basis of above am I sole tenant of the property. Can any other legal heir claim a share in the said property?

 



Learning

 8 Replies

AAK (Advocate)     18 April 2011

If there is a NEW agreement between you and landlord, only you will be having the exclusive tenancy rights.

ashwin gaikwad (software analyist)     18 April 2011

can any other legal heir claim a share in the property?

Bharatkumar (ADVOCATE )     18 April 2011

No.

Naresh Kudal (none)     18 April 2011

it will be reated as new tenancy and only you have exclusive tenancy rights.

Kiran Kumar (Lawyer)     18 April 2011

its a fresh tenancy...otherwise also there is no question of share in the property by the tenants.

 

the co-tenancy can be claimed but that is needed to be proved, since you are sole tenant as per the rent agreement therefore the claim of other for co-tenancy goes.

ashwin gaikwad (software analyist)     18 April 2011

thank you all for your kind reply,

 

also there is other similar commercial property with same case. however many years back in good faith I did an agreement with my brother and shared the tenancy rights with him. Though the rent agreement clearly states that i cannot sublet any part of the premises.

My brother seperated from me many years back and doing seperate business altogether. Now he is claiming tenancy rights in the above property.

is it legally possible for him to claim any tenancy rights?

ashwin gaikwad (software analyist)     18 April 2011

Naresh Kudal (none)     18 April 2011

If your brother is not doing business with you on that premises, he has no tenancy right over it since you are the party of agreement. Even you can give him a notice of the issue.

If you are satisfy with any answer, thank members on post not by private message because they are not counted.


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