Legal Question in Real Estate Law in India

I am a real estate agent. The case study is as follows: One of my clients (buyer) is going to buy a independent house from one of my another clients (seller). The house is in commercial area and the house has 2 shops on rent attached with 2 go-downs. But the buyer is not interested having the shops. The shops are there from 1996 and at that time there was no legal contract between the shop owner and the land lord. But from the year 2000, they went in a legal and fair contract. The contract states that the land lord can remove the shop owners if the rent is not paid for consecutive 3 months otherwise not. It also states that the shops are not transferable and the shop owners have to sell it to the land lord.

What is the way out for the land lord (both present and prospective) to remove the shops? [please guide mentioning the relevant laws and also with the sections]


Asked on 3/26/13, 1:25 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

26.03.2013

Dear Sir / Madam,

(Behala, Kolkata, West Bengal)

To remove the shops from the house, both the shop tenants may demand fair amount of compensation for loss of business from the landlord.

When both the present shop occupants are themselves tenants, there is no question of selling the shops to the landlord - the landlord remains the sole owner of both the shops.

The present landlord will have to find a buyer who takes the whole house including the two shops which are on rent, if you are to complete the deal.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/26/13, 6:03 am
Shrichand Nahar S.V.Nahar, Advocate

Enter into a fresh contract modifying earlier contract in a manner suitable to your purposes.

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Answered on 10/15/13, 2:14 am


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