Rights of the son and brother in commercial property

Ketan Shah (Querist) 18 August 2020 This query is : Resolved
Respected Sirs

I have a commercial tenant who is running a Pathology Laboratory since 1974. However there is NO tenancy agreement as this law came into force from 1999. Also since this tenant has carried out illegal additions alterations in the premises for which a eviction suit has been filed in the small causes court. The status of this suit at present is I am under cross examination by the Tenants lawyer.A MRTP notice was served to tenant by corporation which he challenged in City Civil Court and this was disposed off in my favor Upon this Tenant filed writ petitions and appeals filed in the High court which have all come in my favor.

As it is clear that in Residential property the Tenancy rights are inherited by the legal heirs of the original tenant. But what is the position in Commercial premises. Over and above the Original Tenant is almost 77 years and he has stopped his practice as pathologist. The Lab is presently run by his son and tenants younger brother. Since the filing of the suit the Rent has not been paid. (Almost 10 years ).

Please advice. Thanking you in advance.

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Quick Summary

This discussion concerns the inheritance of commercial tenancy rights, specifically whether a son or brother can inherit the tenancy of a long-standing pathology lab. While tenancy rights are generally inheritable in residential properties, the situation for commercial properties is more complex. Experts suggest that if family members were involved in the business with the original tenant, the tenancy rights may devolve to them. The advice given is to continue with the eviction suit for non-payment of rent, which is a valid ground, and to consult with a lawyer regarding specific state laws on commercial tenancy inheritance.

SHIRISH PAWAR, 7738990900 (Expert) 18 August 2020
Hello,

You have rightly filed suit for eviction in small causes court. Proceed with your case already filed.

Advocate Bhartesh goyal (Expert) 18 August 2020
Tenancy rights are inhertable.For commercial properties it is settled law that if son,daghter,wife or other family members were doing business with original tenant at the time of his death then the rights of tenancy would be devolved on them.

Rajendra K Goyal (Expert) 18 August 2020
Follow up the case of eviction for non payment of rent for 10 years.

Discuss with your lawyer regarding continuation of tenancy from father to son in light of state law in which property is situated.

Dr J C Vashista (Expert) 19 August 2020
I agree with experts tenancy is inheritable.
Rent Control Act is a State Act which differ from State to State, it would be appropriate and better to continue proceeding as advised by your lawyer.
However, it would be inappropriate to form and opinion and advise on the basis of limited facts posted by you.

Shilesh Patel (Expert) 19 August 2020
Agreed with all the experts above.

Message likes : 1 times

P. Venu (Expert) 19 August 2020
Non payment of rent itself is a ground for seeking eviction.

Dr J C Vashista (Expert) 20 August 2020
What is the excuse / plea of the tenant to stop payment of rent ?
Did you send any demand notice ? If so, whether the tenant ignored or replied ? If replied what is the contention of tenant ?
Which court(s) the eviction petition / suit for recovery or rent case(s),(if any) is/ are being adjudicated and what is the status?

Rajendra K Goyal (Expert) 21 August 2020
Further advice possible after receipt of sought information.

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