Tenanted property shop

Arif Patel (Querist) 16 September 2015 This query is : Resolved
Namaste Sir,
I am Arif PAtel. I am running scrap business from shop at zaveri bazar, mumbai. Before me business was runned by one Kantibhai who is Gujrati hindu. shop is of kantibhai he is the tenant of the shop. Kanti bhai is old and has no one to take care. I am taking his all care, food, hospital, medicine and handling his business. kantibhai wants to give his shop and business both to me after his death. kantibhai is very old and is ill. He want to make legal registered papers to give me his tenanted shop. please advice what should be done. I am Muslim and Kantibahi is hindu gujrati. please advice. kantibhai is unmarried and alone.

Thank you very much.

Follow Query

Report Abuse

Rajendra K Goyal (Expert) 16 September 2015
He can will his assets to you.

Shop is rented and for changing name in your favor, consent of landlord would be required.

ADV-JEEVAN PATIL, MUMBAI (Expert) 16 September 2015
Agree with expery Goyal n further add u must get shop rent receipt transferred in yo name

Arif Patel (Querist) 18 September 2015
Thank you Sir for your guidance. There is difficulty that landlord is not agree to transfer because he know that there is no wife son daughter to kantibhai and he is alone. My friend told me Will can not be made to tenanted property. Sir can kantibhai or I get any order from court or government authority that I am legal heir of kantibhaI as I am taking his all care and he is alone. My name is included in ration card of kantibhai as employee. Kantibhai use shop for business and residence. Please guide. Thanks.

Kumar Doab (Expert) 21 September 2015
He can give his assets to you by a valid WILL, preferably registered.

A lawyer well versed with company law may advice to transfer the ownership of business to you/sell the firm etc............

Anirudh (Expert) 21 September 2015
Dear Mr. Arif,

Mr. Kanthibhai, will not be able to pass on the tenancy of the shop to you through WILL.

The provisions of Section 54 of the Tenancy Act of 1958 is against passing of the tenancy through WILL.