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Tenant shop

(Querist) 23 June 2012 This query is : Resolved 
Res,
Senior

one commercial tenant shop has been since 70 year to my friend Atul's father possession in gujarat and atul got hereditary without any rental agreement,he used to give Rs.45 per month as rent, his father died 10 year ago and right now Atul doing his pan-bidi business on the tenant shop The landlord died on 2009 before landlord die, he was completed sale deed to his daughter Faridaabanu favor. after completed sale deed they can't inform the Atul. after that in 2012 the landlord faridabanu was given notice to the Atul to eviction the possession shop we also given the proper answer through the notice she's live in mumbai and her relative live here. Atul's financial condition is not good and he has no lineage and he's business also not working good now he want to repair the shop premises, roof, and other furniture cause it has been so poor condition since 5 year after the repair the tenant shop they want to give half premises of the shop to other sub tenant for business to improve his financial condition better cause he has no inheritor. he want to secure his future. he need expert advice to some query

1. how can he give to sub tenant his tenant shop's half premises? have any provision or other circumstance ?
2. 70 year possession of the tenant shop now which right is favor him ?
3. have any provision to make him owner of the tenant shop ?
4. he make any sale deed or any legal agreement on the tenant shop or have any other advice 4 him

Thank
your faithfully
Mohsinkhan (Advocate)junior
Sankaranarayanan (Expert) 23 June 2012
U said. The reply been sent against the notice which have sent by owner. What reply been made. Is any agreement been made for lease. He the rent been paid till last month
Shonee Kapoor (Expert) 23 June 2012
He can never be owner of that shop but it is difficult to evict him.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Mohsinkhan (Querist) 23 June 2012
thanx shonee sir,

Can he give half premises of above shop to sub tenant or not ?
Can landlord institute evict sue against Sub tenant or not ?
What will the defense of the sub tenant in sue?


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