Conversion of tenanted property into pvt ltd without noc of landlord.
KETAN J SHAH
(Querist) 15 April 2014
This query is : Resolved
Respected Sir's
The Landlord of the property in Mumbai Rented his premises to a Doctor A for Hospital in 1972. This Doctor A expired in 1986. His wife B took over but she was not a doctor so she could not handle the affairs. She handed over the premises to her sister and brother in law C & D in 1990. Before taking over the possession of the premises the sister/brother in law C&D converted the Tenanted property to a PVT LTD company without the NOC of the Landlord.
In 2002 the shares of the company were transferred from C & D to E & F without the knowledge of the Landlord and when he came to know this from the party itself the Landlord filed a suit in Small Causes court but the suit was disposed off and consent terms filed.
In 1990 when the Co was formed there was no Rent agreement signed as this law came into force from 1999. The Landlord didnot give any NOC for company formation.Then how was this company registered.
Recently the Landlord made an application by RTI to recover the documents filed in 1990 at the time of Co. registration but since the co is old the Landlord was advised by the office of Registrar of Companies to take physical inspection of the documents.
Now the question is if the Landlord does not get information of documents filed at the time of registration of co with R O C can he file an RTI on the PVT LTD Co directly to get the required information.
Please advice
Thanking you in advance
Hemant Agarwal
(Expert) 15 April 2014
1. A Tenanted premises cannot be transferred, under any circumstances, without the written consent of the Land lord.
2. It is a must to take physical inspection at the ROC office, about the Pvt. Ltd. Co documents and no other way is possible to get documents thru RTI.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Vidhi Joshi
(Expert) 15 April 2014
Pvt co doesn't fall under RTI, better go to ROC for physical inspection by paying nominal fees, service of a lawyer (expert in co laws) or a practising company secretary is advised.
Rajendra K Goyal
(Expert) 15 April 2014
RTI can not be filed in Pvt. Ltd. Co. You have to visit ROC.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 April 2014
Since the landlord has given consent in the lower court so now no dispute can be raised for pvt ltd co. It becomes deemed partner.
Supreme court has given vide meaning of transfer of tenancy so we wanted to know what were your consent terms in lower court.
