Commercial property laws
shobhit
(Querist) 11 March 2012
This query is : Resolved
Hello everyone, my father was holding a commercial property(shop) on rent for 28 years but after his demise the landlord is planning to take it back, we have rent receipts from the time it was started, i want to know that what is the procedure in this as my mother is planning to run the business, please advice.
Thanks in advance.
Adv.R.P.Chugh
(Expert) 11 March 2012
Dear Mr.Shobhit,
The Landlord cannot take it back, the tenancy of your father devolved on you & your mother as per the ordinary succession laws. You are now in the shoes of his tenants, and he can evict you only on grounds provided in Rent Control Laws.
(See Gian Devi Anand v. Jeewan Kumar - 1985 SC)
Raj Kumar Makkad
(Expert) 11 March 2012
If landlord requires the shop for his own use then he may apply before Rent controller and can prove his necessity and in turn you may disapprove so that he may not be able to succeed.
shobhit
(Querist) 11 March 2012
hi Bharat and Raj thanks a lot for your replies here i have one question we are giving hime rent every month for which we are getting the reciepts this practice is being followed from 28 years now, i want to ask what are my chances against him if he files a case, he is a great worm of law.One more this is that this time he has increased the rent to almost 40% does this is going to have any effect, also he is saying he needs shop for his personal use.Any advice will be greatly appreciated.Thank you in advance.
shobhit
(Querist) 11 March 2012
hello Mr Bharat can you please advise on the above...thanks in advance
Guest
(Expert) 13 March 2012
Good advice by both the experts.
