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ganesh (Owner)     07 March 2014

Eviction

Hi , 

We have a rented shop on rent since about 15 years.We are 2 brothers.About 4 years back we partitioned and my brother started his own business by placing a table chair into a corner.Also he placed a wooden partition and kept a door key of 1 door alongwith himself.

But he closed his business after a year or so.Now afterwards he is not vacating the place even though its not in use to him anymore.He is also planning to rent it to other party even though he is not a authorised leasee.Our landlord never comes here.I sent the whole rent by Money Order OR DD.

 The place was just given into good faith.Now i am worried how will be the new party ?

How can i stop my brother to do any kind of re-letting ?

Even though its a rented place and also he is not a authorised leasee but he is not understanding the point.Please help how shall i stop him  to transfer the place to anybody else ??

Please advise.



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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 March 2014

A sublease agreement is a legal contract that effectively makes the sublessee into the tenant of a property. However, a sublease agreement does not release the sublessor from his obligations to the landlord under the original lease agreement. Unless the sublease agreement expressly transfers these obligations to the sublessee (which generally requires landlord consent), the sublessor remains legally liable under the lease.
So make sublease agreement with third party 

ganesh (Owner)     07 March 2014

Actually he is planning to do sublet permanently kind of by taking a lumpsum amount.I think it was my mistake to give him a table and chair to keep into the property.

What if the 3rd party comes into my place jumping off the partition thats why i am worried.That will be disasterous.My bother is just seeing his own profit and not thinking about the sensibilty and my consent.

What shall be my stand if anybody else enters into my place jumping off the partition ? 

Is there any other way to stop him by sub letting the place ?

Please help.

T. Kalaiselvan, Advocate (Advocate)     07 March 2014

If the shop was rented as one unit, where is the question of partition in it?, did you both partition the shop between you both legally and with the consent of the owner or have you informed the decision to the owner, what is the modality of paying the rent, are you both sharing ?  If yes, to all the questions, your brother can do anything in his portion , you cannot object to this, if his activities are contrary to the conditions of the rental agreement, the owner only can issue notice to your brother, and if he is encroaching your portion then you can take legal action against his as per law.

ganesh (Owner)     09 March 2014

Thanks for the reply sir.

I am the one who is paying rent.The registered deed is on my name.I gave a part of place to my brother in good faith.Now he is planning to give it to anybody else to make some money.But on the other side he is not listening to the thing that its a genuine and undivided part of the property.He is having the door locked outside but inside there is a just a wooden partition to divide between us.

Shall i make a police complaint against him or that third party if he go ahead with this wrong deed ?

I am also worried if anybody enters into my side illegally afterwards , disturbs or misuse my privacy on my side of a sheer wooden partition.

What shall i do if he is encroaching my part ?

Please help .Thanks.

Advocate Ravinder (Advocate/Attorney)     09 March 2014

Issue a legal notice to your brother to vacate the premises.  Failing which file a civil suit for eviction of your brother from the premises along with damages.


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