aashish nihalchandani (owner) 03 May 2011

Can I claim tenancy rights?

Good day,

My father was a tenant in a commercial shop and the rent agreement was done between him and landlord in 1987. After few years my father transfered the rent agreement in my brother's name and a new rent agreement was done between my brother and landlord.

Me and my brother did business for couple of years in partnership from there and thereafter I seperated and have been doing different businees from somewhere else.

Can I claim tenancy rights from my brother in that premises?

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 03 May 2011

No you cannot claim tenency rights because tenency is already transferred to your brother and there is a new rent agreement, as such your father's tenency also terminated. If your brother agreed to transfer the tenency to you then only it is possible and that to with new rent agreement.

aashish nihalchandani (owner) 04 May 2011

Sir,

Me and my brother formed a partnership firm and did an agreement wherein he shared his tenancy rights with me.

Now as per rent agreement he is not allowed to sub-let any part of the premises.

So what can I do now?

aashish nihalchandani (owner) 06 May 2011

i'm still a partner in that firm but have not taken any part in its business for past 16 years. I have no signatures anywhere, though i still get renumenaration as a partner.

kindly advise if i can claim tenancy rights?

Dipangkar (Business) 15 June 2011

If you can prove your continuty of the Partnership business, then due to the Partnership Deed you can claim your share of rights from your brother.

But,, it may be of NO benifit to you coz, you cannot claim the tenancy rights from the Landlord, untill he agree to let you in and do a new Rent Agreement with you both.