The partnership firm is different from tenancy and all daughters have a right in that. He may not acknowledge and accept ny of you as the owner and may institute a case.
Pagdi shop, tenant dead
My grandfather ( nanaji ) having 5 daughters and no son , was having a pagdi shop in Old delhi since 1978 Recently last Aug 2020 he died Survived with 5 daughters From 1978 till 2009 He was the proprieter of his firm , in 2009 he brought one of his grandson ( from eldest daughter ) as a 50 % partner in his firm and in 2015 he retired with his remaining 50 % due to ill health and his eldest daughter came in that firm . Presently after his death , his eldest daughter with her husband are partners in that firm , with grandson also retired from that firm ( due to their own family dispute ) . That shop’s rent receipt has always been in the same of Nanaji , and never in the firm’s name . Even after his retirement in 2015 But most of the time they paid the rent from that firm Even after his retirement . In 2015 after my Nani’s death , my nanaji announced his will and in that no mention of his tenancy was annnounced Where whole family was present . But in 2018 the eldest daughter got some signatures and got it notarised / registered for tenancy rights Now after his death in Aug 2020 , all other daughters are demanding their tenancy in the shop , but eldest daughter completely denies anything to give anything to anyone . Original owner also demands , that all the legal heirs should come forward and come to a conclusion regarding new name of the receipt. Want to know 1 ) what are the rights of the eldest daughter ? 2 ) what are rights of other 4 daughters ? 3 ) how can the owner take any advantage of the situation ?
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
Can other 4 daughters file a case against the elder daughter ? And can the original owner change the receipt in any ones name without the consent of other 4 daughters ? And for how long the original owner will hold the receipt ?
Asked 4 years ago
On demise of father all 5 daughters are deemed tenants
2) they can file suit before small causes court for declaration that they are deemed tenants
3) deposit rentals in court
Request landlord not to transfer tenancy rights in name of eldest daughter without consent of other legal heirs
Your 3rd question requires answer first.
- The landlord can obtain some agreement from any of the dissatisfied party and try of throw all out. The first thing is to take the matter to the court for partition of tenancy rights among all five. Which they do have under the law.
- The eldest sis has no right to appropriate all tenancy rights to her. The shop being ancestral property all five have right to share in it.
- Answer of 2nd and 3rd question is in answer No. 1.
- Anyone can file case against all four.
- Once a suit is filed the landlord has not right change anything. Also add landlord as party to the suit. That why file suit immediately.
- As per law, when original tenant dies, the legal heirs inherit the tenancy as joint tenants.
- Further, the occupation of one of the tenant is occupation of all the joint tenants.
- Further, it is not necessary for landlord to implead all the legal heirs of the deceased tenant .
- As per the Article 120 of the Limitation Act, 1963, the limitation period of moving application for the substitution of the legal heirs is 90 days from the date of death.
1. Hence, if the eldest daughter is residing in the tenanted premises then she can claim her rights only .
2. If , they are not residing then they cannot be declared tenants of the pagdi system .
3. Owner can implead the legal heir as tenant , who is residing in the property.
There are two subjects involved in this issue.
One is that land over which te partnership firm is functioning , hence to transfer the shop in the name of the current tenants from the previous tenant in a pagdi rented shop, the legal heirs of the deceased tenant hav to give their NOC in favor of the current tenants.
Second thing is that the partnership firm.
As per the partnership act, the current partners can run the business without any let or hinderance from anyone outside the business.
If you see the legal fact and the background, this pagdi property is not owned by the tenants, hence any case filed by the other four daughters claiming their right may not be maintainable.
The landlord if wishes to transfer the property to the current tenant i.e., the elder daughter itself, he cannot be restrained by law from doing so.