Legal Question in Landlord & Tenant Law in India

Dear Sir/Madam,

My father has a shop which he had purchased long back on pagdi system. He is regularly paying the rent. Now, he is suffering form illness and due to unavoidable circumstances he cannot open the shop and he wants to get retire. He approached to landlord but she told that she want to purchase the shop but amount she is given is very less which is 1/4 of present rate. On the other hand one of my father's friend is ready to take the shop as per todays rate and my father is also ready to pay her 33% to landlord as per law but she refuse to take it and also she is not allow us to sell the shop. My point of worry is:

1. Can we sell the shop without her permission and deposit her 33% amount in the court?

2. Can she forcefully occupy my father's shop without informing him if my shop is closed for long time?

3. If any other issue can be created by her if may father closed the shop for long period of time?

4. For safer side, can I give information letter to local police mentioning the reason for shop closing?

Kindly advice.


Asked on 7/16/16, 12:16 am

1 Answer from Attorneys

1) U hv to settle amicably with the landlady.

2) U cant sell to outsiders.

3) If ur shop is closed for long time, u have lost ur right of tenancy.

4) What Police can do in the instant case? They will squeeze u.

5) Entering into avoidable litigation is a long drawn expensive legal battle,

consuming time, money and mental stress. Look before u leap.

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Answered on 7/16/16, 3:22 am


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