Authorizing someone else to run my business which is on lease place
harsha
(Querist) 28 February 2015
This query is : Resolved
Hello. my dad has a restaurant and bar which is 40 year old and the land owner is someone else. My dad has polio and is now 59 year old. Can he give the restaurant and bar for business running and can a business running deed be made we being on lease without any legal complication. Is this possible as my brother is mentally challenged and my father cannot exert much.
The license is on my dad name.
Devajyoti Barman
(Expert) 28 February 2015
Yes, your father can execute a deed of assignment to run the business.
Kappil Cchandna
(Expert) 28 February 2015
Dear,
Why don't you become partner and that will be better.... Enter into a partnership deed so that your father should get involved and u also get the things in your favour .....
Kapil Chandna Adv 9899011450
Anirudh
(Expert) 28 February 2015
There are conditions attached to Liquor licence and your father will not be able to give it to anybody else. The moment your father assigns the licence to you (first one has to check up whether it is possible or not under the terms and conditions of the licence granted by the State Govt.) he will not have any control over it and he will only receive consideration for assigning the same.
Yes, the suggestion of Mr. Kapil Chandna is the perfectly workable proposition. I do not know whether you are a govt. employee and in which case you cannot become a partner either along with your father.
harsha
(Querist) 01 March 2015
Thanks for the answers but I am female and studying. Restaurant being bar and restaurant my father doesnt want me to sit there.
We are on rent from last 40 years(Pagadi system). We have paid all the property taxes, municipal license, excise license, police license. My father was running the restaurant and bar but now difficult due to health issues.
So Can my father give it to someone for business running but the license will be on my father's name only.
harsha
(Querist) 01 March 2015
Thanks for the answers but I am female and studying. Restaurant being bar and restaurant my father doesnt want me to sit there.
We are on rent from last 40 years(Pagadi system). We have paid all the property taxes, municipal license, excise license, police license. My father was running the restaurant and bar but now difficult due to health issues.
So Can my father give it to someone for business running but the license will be on my father's name only.
Anirudh
(Expert) 01 March 2015
In this sort of business, unless he is there, how to ensure that the business will be run properly and the profit if any will come to your father etc. Better consult somebody in the local area and then decide. Any view given by us sitting at a different place and without completely knowing the exact situation and other practical aspects, may not be appropriate and may or may not suit your situation.
Dr J C Vashista
(Expert) 01 March 2015
1. Very well explained and advised by expert Sh. Anirudh, I agree and appreciate his practical approach.
2. The licences for running bar as well restaurant has to be obtained by the person in his/her name (substituting your father) from the authorities concerned.
3. However, if your father intend to operate/continue and remain in business, just consider to employ "some trusted" professional person to operate.
Rajendra K Goyal
(Expert) 01 March 2015
Your father can appoint a Manager on specific agreed conditions. He can enter into a partnership.
Akhil Dave
(Expert) 02 March 2015
well explained in detail
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
Expert Mr. Anirudh has thrown much light on the subject issue. staying in a leased accommodation is different from the running a licenced bar cum restaurant business. The licence for running a bar cannot be transferred outside, there are many more practical issues involved in it, you may take the advise of a local advocate and proceed as per his further advise.
