Office Premises.
Querist :
Anonymous
(Querist) 18 December 2010
This query is : Resolved
Dear Sirs,
My late father and two other partners owns a Office Premises at Mumbai since 1975 as a tenant. Rent receipt has been issued in the name of Firm (consist of 3 partners) as per the records of the landlord. My father expired in 1986. Thereafter, the business has been carrying on by remaining 2 partners keeping the name of my father intact. During 1996, the said firm has been dissolved and all the assets of the firm has been distributed in to 3 part and as per the understanding between all, the said office premises has been given to my late father. Hence, my late father becomes the sole owner(tenant) of the office premises. However till now, the rent receipt has been issue in the name of the same firm (consist of 3 names including my father) as none of my family members has made any efforts to get the name on rent receipt changed by presenting the documents to landlord. Sir, I want to know that as a married daughter and one of the heir of my late father, shall I have any right of share in the said office premises. If yes, how can I proceed further if my Bothers-Sisters-Mother does not co-operate me in the matter. I had a meeting with landlord and he expresses his view that he will act as per the law whenever anybody approach him. We are 5 Brother-Sisters and Mother in our family. My father has not made any WILL. Requesting for your advise in the matter.
Thanking you.
Devajyoti Barman
(Expert) 18 December 2010
You did not indicate the state where the property in question situate. In West Bengal all the heirs have got equal rights of tenancy in the tenanted property and the landlord can also induct any one of them if he wishes. So if you approach the landlord then he should not have any difficulty to induct you as a tenant from which date the previous tenancy wll come to an end.
