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whether tenancy of a proprotpry firm is hereditory?

(Querist) 28 May 2013 This query is : Resolved 
My late father had given shop on rent tp a proprietory firm to a senior citizen. They are not willing to vacate. Pl. Advise me whether his son who is conducting the business will have any right as a heir
sanjeev murthy desai (Expert) 28 May 2013
Yes Tenancy rights are heritable subject to local laws.
R.K Nanda (Expert) 28 May 2013
no, his son has no right.
venkat b. (Querist) 28 May 2013
sir,
Sanjeev murthy saab, as the tenancy was given to the firm (its a proprietory firm and hence the individual) and not to the individual directly, can you pl. review your opinion. And the locality is andhra pradesh, vijayawada.
venkat b. (Querist) 28 May 2013
Sh. R.K.Nanda saab,
Thanks for your reply. Does it mean, after the closure of this firm (on which the tenancy exists) either due to dissolution or due to demise ( i should not be saying so) of the proprietor , his son would not have any right.
sir, also pl.confirm if they want to change the firm to a partnership firm, what right i would have to stop them in doing so.
regards.


Raj Kumar Makkad (Expert) 28 May 2013
Tenancy rights are inheriditory as the name of the firm still remains. A properietor and a firm has no separate identity and both are same and one.

If partnership firm is now taking over the tenated property then do file eviction petition.
venkat b. (Querist) 29 May 2013
Thanks a lot raj kumar saab,

May pl. clarify the following :

1. sir, do you mean to say that the existing proprietory firm will give inheritance rights to his son.

2. I understood what to do if partnership firm is taking over tenanted property. (I understand this as if a separate partnership firm is taking over existing propritory firm).
However, what if the existing firm is converted to partnership firm keeping the name of the firm same. In such a scenario, how do i find it whether they converted it into partnership firm as the name on the rent receipt would remain the same? If so, can i still file eviction notice .

2. Can they run a second firm (wholesale medical distributors) in the same premises ? If so, how to find out if they are doing so ?

with regards.
Raj Kumar Makkad (Expert) 30 May 2013
1. Yes.

2. Yes. you can obtain the status of the firm and can thereafter send the notice.
venkat b. (Querist) 30 May 2013
Thanks a lot once again, Sh.raj kumar saab.


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