Tenancy rights of rented business premises after death of father
GOPAL PALOD
(Querist) 09 February 2012
This query is : Resolved
My father used rented premises for running his proprietory business. After his demise & as written in his will his proprietory business was converted into a partnership firm in which we 4 brothers became equal partners. However we only two brothers were running the business of our father & remaining two brothers were sleeping partners. My question is out of we 4 brothers who will legaly inherit tenancy rights of the rented premises.
ajay sethi
(Expert) 09 February 2012
tenancy rights cannot be inherirted under a will . on detah of your father all 4 children are legal heirs .
ajay sethi
(Expert) 09 February 2012
judgment of the Apex Court reported in 1985(1) RCR 459 Gian Devi Anand Vs. Jeevan Kumar & Ors..
In the Delhi Act, the Legislature has thought it fit to make provisions regulating the right to inherit the tenancy rights in respect of residential premises. The relevant provisions are contained in Section 2(1)(iii) of the Act. With regard to the commercial premises, the Legislature in the Act under consideration has thought it fit not to make any such provision.............. As in the present Act, there is no provision regulating the rights of the heirs to inherit the tenancy rights of the tenanted premises which is commercial premises, the tenancy right which is heritable devolves on the heirs under the ordinary law of succession. ...... We are of the opinion that in cases of commercial premises governed by the Delhi Act, the Legislature has not though it fit in the light of situation at Delhi to place any kind of restriction on the ordinary law of inheritance with regard to succession. In the absence of any provision restricting the heritability of tenancy in respect of the commercial premises only establishes that commercial tenancies notwithstanding the determinate of the contractual tenancy will devolve on the heirs in accordance with law and the heirs who steps into the position of the deceased tenant will continue to enjoy in the protection afforded by the Act and they; can be only be evicted in accordance with the provisions of the Act."
Raj Kumar Makkad
(Expert) 10 February 2012
Nothing seems to be added in the adivce of sethi.
V R SHROFF
(Expert) 10 February 2012
Tenancy right cannot be subjected to WILL .
All heirs has equal right, Two of your brother can get it transfer to your name, with aff & decl of all , applying to landlord, with his consent & providing him indemnity.
After that, you can register your Partnership firm , but firm will not be tenant.
Sankaranarayanan
(Expert) 10 February 2012
Really apperciated mr sethi that he given his valuable time to it. Thanks mr sethi
