Addition of name in tenanyed property
KETAN J SHAH
(Querist) 30 September 2013
This query is : Resolved
Respected Sir,
The Landlord has filed an eviction suit in small causes court against the Tenant who has carried out illegal additions/alterations. The Tenant has filed a suit against Municipal corporation as corporation has issued M R T P notice against the Tenant. Both the suits are in progress.The Tenant has added his son's name in the business which is a properietor concern as per the tenants affirmation in the court.
Can the Tenant add any body's name whenhe is in litigation and court cases are pending against him.
can the Landlord initiate any action against this illegal act of the Tenant.
Please advice.
Thanking you in advance.
Kishor Mehta
(Expert) 02 October 2013
Sir,
If the tenancy stands in the personal name of the tenant and if the suit is not filed in the name of the business, then a name can be added to the business. However, if the tenancy is in the name of the business then no additions should be done.
Good Luck
Kishor Mehta
KETAN J SHAH
(Querist) 02 October 2013
Respected Sir,
The Tenancy is in the name of the Business but the suits are filed in the Tenants name. The rent receipt is in the business name followed by Tenants name in bracket.
What will be the position can the tenant add name or not
Please advice
Thanking you in advance.
Kishor Mehta
(Expert) 03 October 2013
Sir,
Under the circumstances it is not advisable to include the name.
Good Luck
Kishor Mehta