Trading Business & Office Premises
Querist :
Anonymous
(Querist) 19 December 2010
This query is : Resolved
Respected Sirs,
Mr.A,Mr.B and Mr.C has carrying a partnership business at the tenanted premises. The landlord of the said premises is Mr.X. Rent receipt has been in the name of Firm, consist of Mr.A,B & C as partners. After some time Mr.A dies and in his place, his son (Mr.D) has been admitted in the business. But no intimation has been given to landlord regarding the death of Mr.A and admission of the Mr.D as a partner. The rent receipt remain in the name of same old firm consist of Mr.A,B & C as partner. This continues for 25 years. After 25 years the firm dissolved. On the distribution of all the assets, it has been agreed by all that the said office premises will be given to Mr.D (a son of deceased Mr.A). Howevevr, in the records of the landlord and also on the rent receipt name of Mr.D has not been mentiond for a long period of 25 years. Now Mr.E, who is a brother of Mr.D (and a second son of deceased Mr.A) has claimed that his name should be included as a co-tenant along with Mr.D, as in the records of the landlord, Mr.A (his father) is mentioned and Mr.B and Mr.C has surrender their rights related to said office premises. Sir, please advise me on the claim of Mr.E to include his name as a co-tenant.
Thanks.
Raj Kumar Makkad
(Expert) 19 December 2010
Tenancy and firm are two distinct things. Tenancy was in the name of firm and not in the names of individuals so there is no question to include Mr. E as co-tenant. when A died, his place was taken by D in the open knowledge of E about 25 years ago. There is no necessity to include the name of D in place of A in the record of landlord because the tenant is a firm and not individual. A has died, it might also be in the knowledge of landlord X. had he any objection to include D in his place, he might have objected at that time. This is not the proper time to raise any objection to include D in place of his father.
Now when the firm has been dissolved and B & C have surrendered their rights in favour of D, there is no scope of any stranger to intervene in the matter and it is the landlord and tenant i.e. D to establish their relations.
Querist :
Anonymous
(Querist) 19 December 2010
Sir, thanks for your reply.
But the landlord is on his stand that as per my records, Mr.A,B & C are the partners in the firm and as Mr.B & Mr.C has surrender their rights, I(landlord) will consider Mr.A as the sole tenant. Hence, he agrees to include the name of Mr.D & E (legal heirs of deceased Mr.A) as a co-tenants in the said premises. He state that Mr.D was a partner in the trading business of the firm but not in the office premises.
Is landlord right on his stand.
Please advise.
