Legal Question in Real Estate Law in India

Leave and License of commercial property

My father had given his industrial gala to a friend on leave & Licence for 3 yrs fm 1st Oct 2004 which has expired on 31 Sep 2007 & it was not registered. After that he was in need of money so he agreed to take advance rent for 33 months at the same rate by signing receipt of advance rent fr 1 yr on the licencee--name removed--letterhead - the rate & terms. The licenscee has paid rent in advance only for 18 months & 15 months are remaining now.My father has had a stroke & lost his speech, i need to sell the premises to repay my fathers mortgage. The Licencee has gone to court claiming the agreement was a tenancy agreement and he has filed for Standard rent saying that gala in industrial co-operative cannot be rented out. I have a POA fm my father, What are my options for evicting him? How long will it take ?

What is the best way to evict him as my father wants him evicted. Can he claim tenancy ? He has sent me a notice through his advocate claiming tenancy & that nmy father had agreed to sell the premises to him and he claims he has made payments to that effect. My father denies the same.How can i prove that he has forged documents ?


Asked on 2/10/09, 1:03 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Leave and License of commercial property

Approach Court. Time span of any litigation is difficult to estimate.

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Answered on 2/11/09, 4:22 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Leave and License of commercial property

you may file a suit for eviction and in that you may mention that he is a mere licensee and as far as forgery of documents is concerned, u may file a complaint under relevant penal sections. where is the property situate.

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Answered on 2/10/09, 2:02 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Leave and License of commercial property

Hello.

Good Afternoon.

I would advise you to file a suit for eviction and as far forgery is concerned you may proceed filing criminal complaint.

If you belong to State of Gujarat then please contact alongwith the documents.

Professional charges are applicable.

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Answered on 2/10/09, 5:05 am
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: Leave and License of commercial property

Under the Leave and License Agreement transfer of interest takes place on permission and the same can be terminated as per the terms of the agreement. The possession can be demanded back from the licensee. The label to the agreement could be Leave and License or Tenancy Agreement. Documentation of the commercial lease is also an important rental law procedure.File suit of eviction and cheating and creating fabricated documents.

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Answered on 2/10/09, 7:51 am


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