Legal Question in Landlord & Tenant Law in India

i have a shop which is registered on The firm`s name.Its on rent since 1976.The rent receipt is on the firm`s name.The landlord has died and he has 2 sons.Since past many years the sons have stopped taking the rent and have stopped issuing the rent receipt.I have however sent them the pending rent twice by money order which they have refused on both occasion.My query is.The rent receipt is on the name of a 2 wheeler spare parts shop,as the current market trend is low and business is not good, i want to start a business in garments like a franchisee of levis or adidas etc.I spoke to the landlord`s son.They refuse to change the name of the existing firm`s name.And we are not much on talking terms.My query is can i start a new business,take a franchisee or rent basis on the existing rent receipt without the landlord`s consent.As they both dont wish to do anything about the property.They say continue as its going.But i cant carry on business doing a loss.What are my options as per current situation


Asked on 6/27/10, 2:04 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your statement is lacking in material particulars. An appropriate may depend upon :

a) whether the tenant firm is registered?

b) whether the new firm with franchisee business will have same partners?

Uusally, if the partners are same, there should not be a problem. However, if there is a change in the constitution of the exisiting tenant, the new firm may be guilty of 'sub-letting' or even change of user.

It may be better to give opinin after perusal of your documents. You should disucss the matter with a lawyer by showing him your documents.

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Answered on 6/28/10, 3:19 am


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