Inheritance of commercial property in delhi
feathers
(Querist) 10 May 2012
This query is : Resolved
My father was a tenant (on lease basis with a monthly rent of 200 rupees)in a commercial property (shop)in Delhi. he died in 2009 and after his death the landlady ( actually two landladies) refuses to accept rent from us, they said they do not consider us ( four children of tenant) as tenant. they said that my father was the only tenant and they had given rent receipt in my fathers name till December 2007. now they are planning to sell their property ( which includes this shop also) to some builder.
i am afraid since we do not have any proofs in our name i.e. rent receipts in our name, etc( we have only some old rent receipts in my fathers name only) the builder will take that shop from us. we are running business in this shop.
kindly give information on how we can claim tenancy in this case.
regards
feathers
ajay sethi
(Expert) 10 May 2012
if landlady refusing to accept rent send a letter by registered post Ad informing them of your wllingness to pay rent . enclose demand draft of arrears amount .
request landlady to transfer tenancy in name of legal heirs . if she fails to do so move court for declaration and other reliefs . contact lawyer in delhi
feathers
(Querist) 10 May 2012
is tenancy of commercial properties in Delhi is inheritable.
feathers
(Querist) 10 May 2012
we have made numerous requests to them about transferring of tenancy but they pay no attention. they said they have no interest in any sort of transfer. i had consulted a lawyer about this matter a year ago, he said that we need to file a legal case and that will run really long. we are financially not very sound and do not have any parent. i am in jeopardy, kindly advise how can i solve this thing in a best possible way.
ajay sethi
(Expert) 10 May 2012
yes it is inheritable . all legal heirs of deceased tenant have right on the property
Under the Delhi Rent Control Act commercial tenancy is inheritable and, therefore, on the death of the deceased all his legal heirs became tenants as per the definition of the „tenant‟ under the Delhi Rent Control Act. There is statutory prohibition under the Delhi Rent Control Act against any assignment of the tenancy rights may be by way of a Will in favor of one of the legal heirs.
Shonee Kapoor
(Expert) 10 May 2012
Depends what and where the property is.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 10 May 2012
Dear Querist,
I have the following to opine :-
1. Commercial Tenancy is heritable under ordinary laws of succession (See landmark ruling of Gyan Devi v. Jeevan Anand - 1986 SC)
2. I am presuming the rent to be less than 3,500 in such case the case is covered by Delhi Rent Control Act. and they cannot get you out unless proof of certain grounds for eg : non payment of rent/subletting/bona fide requirement.
3. Since they are not accepting rent - you can deposit rent before the Additional Rent Controller.
