Need guidance over property related issue
Narender
(Querist) 10 May 2012
This query is : Resolved
My Grand father is a widow & having four sons & dwo daughter. my grand father is living with us. He is having a rented shop in Karol Bagh since last 50 year & 20 years back he designate my father to pay all Rent of that shop with Census of the Owner of shop. Now my father is paying Rent & rent slip is comimg in his name since last 20 year. But now all my Uncles & Aunt are threatening us to take their part from this Shop. My Granfather don't want to give any part to them. He wants my Father to be owner of Shop. Please suggest what could be done to stop our relatives.
My father is running that shop since last 35 year.I am the only son of my Father. My contact no is 9711188394. Pls Advise
Adv.R.P.Chugh
(Expert) 10 May 2012
After your grandfather's death the tenancy would devolve on his legal heirs in equal respects but in situation where other heirs don't pay heed to it, it has been held that if one of them continues to pay rent - he acquires the tenancy solely and others are presumed to have waived it off.
Here situation is different - GF's alive - he can assign the lease by way of registered assignment of lease deed' to your father - to the exclusion of all others - however here the terms of tenancy of GF would be important - as if there is a stipulation against assignment of lease it may not be done.
Feel free to talk !
Narender
(Querist) 10 May 2012
Registration of asignment of lease deed has been done around 22 years back & after that my fathar is paying Rent of shop even Rent receipts is coming in his Name also. My GF is living with us so does All these factors makes advantage to us & none of my uncle & Aunt take cares of my GF.
ajay sethi
(Expert) 10 May 2012
your father is tenant now . since rent receipts are coming in your dad name . since lease deed has been assigned in your father name other relatives wont be able to create problems .
Narender
(Querist) 10 May 2012
My Relatives are threating us to take part from our Home also. The reason they are putting is monetary investment in building my home comes from the shop which was under rent by my Grandfather. Is their a valid point?
Shonee Kapoor
(Expert) 10 May 2012
Let them do whatever they wish. They have no locus in the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Narender
(Querist) 11 May 2012
I just came to know that Registration of Assignment of Lease deed has not been done. Only the Rent Receipts has been tranferred from my Grandfather's name to My Father's Name. So only Transfer of name in Rent receipts would be sufficient to stop our relatives to take part from that shop. Rent receipts has been transffered around 20 years Back & till then my father is paying the Rent of Shop.
