Shop on goodwill
Vicky Kheraj
(Querist) 05 December 2012
This query is : Resolved
My client has one shop taken on Goodwill 50 years back. Legally he is owner of 67% of property.
Right now he has shifted to another place due to health problem and he has close down his business which was previously done in shop (Rented shop).
My client pays rent for entire year but don't do any business over here.
In such case, right of ownership is transferred to landlord?
Can my client can give that property to other person for business(sub tenancy)?
Can real owner can give the property to any other person on rent for doing business?
Is there any rules in the act by which Owner can take charge on the shop for non doing business?
In what circumstance owner can possess shop?
If client (deemed owner) want to sell the shop but real owner not agreed with that.
Then how can he disposed off the property?
Eagerly waiting for the reply..
Raj Kumar Makkad
(Expert) 05 December 2012
A tenant is always a tenant and his position being a tenant can never become of owner hence the question of his sale to the tented property do not arise. The Rent Agreement is required to be observed whether there is any clause of sub-tenancy is present or not. Generally such term is not inserted. If this terms is there, you client can avail and can sub-let the same.
In the given circumstances, the landlord can file an eviction petition against such tenant who is not using the property for the purpose it was let out to him.
It is advisable that if your client due to health position is not doing business, his son or any other legal heir can replace him and thus this tenancy can run further otherwise a days shall come when the landlord shall get the eviction of the property by way of court order.
Mutual settlement is also a best option.
ajay sethi
(Expert) 05 December 2012
you cnanot create any sub tenancy without consent of landlord . landlord can gfile eviction suit if you are not using said premises .
Vicky Kheraj
(Querist) 06 December 2012
Thanks expert for your valuable guidance..
