Pagdi building
kewal
(Querist) 01 July 2014
This query is : Resolved
My fathers brother is owning a shop in a Pagdi building and my father is operating the shop for more than 40 years alone and he is also paying rent to the landlord for which rent receipt is received in fathers brother name since the building is going in redevelopment he wants the whole shop under his custody and name and no share in the shop is provided to us. since the shop is our bread and butter we can't afford to lose the shop.. so please advice whether we can stop him from taking the whole ownership of the shop before the building goes under redevelopment.?
also advice if the shop is part of HUF?
V R SHROFF
(Expert) 01 July 2014
it's not HUF
TENANT SHIP CAN BE ALLOTTED NEW AREA / fter development IN JOINT NAME.Contact Developer/Landlord.
kewal
(Querist) 01 July 2014
thank u sir but in case fathers brother is objecting for the same and he has convinced the developer for putting his name only and not joint name than what remedy is available.... please advice
ajay sethi
(Expert) 01 July 2014
your uncle is tenant of the shop . all rent receipts are in his name . on redevelopment landlord will issue new shop to your uncle only
Devajyoti Barman
(Expert) 01 July 2014
Your father did wrong not to ask for rent receipt in his name.
Now it is too late unless developer cooperates with him.
kewal
(Querist) 01 July 2014
thank you all for your help...
but in case I m able to prove that rent is paid by my father eventhough the rent receipt is in the name of fathers brother than will I be successful in getting my fathers name added to it? please advice
Kishor Mehta
(Expert) 01 July 2014
Sir,
Please understand that the name on the rent receipts prove tenancy rights, however under the following instances you may have some chance of bargaining with the developer.
[1] If your father has been paying the rent with cheques and holds all the rent receipts till date,
[2] If Municipal licences, like Shops & Establishment etc, are in your father's name at the shop's address,
[3] If your father is registered for Sales Tax, Income Tax, VAT, and other Taxes and holds these licences in his name at the address of the shop, this will go to prove his possession,
[4] If your father is in physical possession of the shop and prove it, this will again to your father's benefit.
In any of the above cases issue a legal notice to the landlord and the developer.
Please consult an advocate immediately.
Good Luck,
Kishor Mehta
kewal
(Querist) 02 July 2014
thank you sir for your help.
Devajyoti Barman
(Expert) 02 July 2014
yes, the points cited by Me Mehta would help your father to establish tenancy.
He has no other option but to claim tenancy.
