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A B Pralhad (Student)     15 May 2016

How to make lease agreement with 30 yrs old shop tenant.

In my village there is a property on my father name.  
There are 11 shops on rent since 30 yrs.  
My Father take rent from them but dont give any receipt.
My father self paid the Grampanchayat tax for all shops till date.  
The shop owner have own construction of shop on the land.  
There is no any agreement between father and shop owner anytime.
3-4 shop owner have Electricity meter on their name in shop.
Now we are planning to make a rent agreement of 11 month for each n every shop.  But as they are very old shops in village and shop owner dont have any shop license/ renewed too.  
My question is  :
For rent/lease agreement does shop license are required ?  If they dont have do we make lease agreement without that?  
The construction made himself(shop owner)  will have any problem us for taking possession back of the land? Is that illegal construction?
Is there any law in village that very old tenant (shop owner ) can get ownership on land by adverse possession or by any how?
In such case how can we proceed to make it legal and in future we should not have any problem from shop owner. Please suggest. Thanks in advance.

 



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 3 Replies

A B Pralhad (Student)     16 May 2016

Any comment please?

adv.bharat @ PUNE (Lawyer)     07 June 2016

Shop act license is required.

For erent agreement adharcard pand card of party is required.

If u give name sof state then we can guide u about it.

Law is equally applicable in all area except provided in statute.

A B Pralhad (Student)     07 June 2016

Thanks you Bharat Sir. It is in Maharashtra - Pune District, Taluka - Junnar.

As they dont have shop license then can't do agreement ?

As they are very old and self constructed shops so do they get a ownership by possession even the land is on our name and they are paying rent?

No rent receipt too given.


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