Engage a lawyer and send reply to the notice
take the plea that on grand father demise your father and his i slings were legal heirs as intimated to landlord and changes in partnership was also communicated
no case of eviction is made out
Pagdi commercial property inheritance right
Hello, my grandfather started a business more than 50 years back in a commercial pagdi property. After he passed away in 1995, my father along with his two brothers continued the business. The three brothers were made partners at various stages before the passing away of my grandfather. In 2017, the two brothers relinquished their rights and my father along with my mother became the partners. In all these years, the rent receipt was always given in the name of the shop and not not an individual. Recently the landlord has sent a notice saying that my father is an unlawful tenant as there was no intimation of inheritancy. The inheritances was mentioned to the landlord and the change in partnership was also submitted by there was no acknowledgment from their end and things were based out of trust. We have paid all rent until 2023 and have never made any arrears. Does the landlord have the right to evict us?
Asked 2 months ago in Property Law
Religion: Hindu
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9 Answers
Hello sir, thank you for the quick reply. The landlord was verbally intimated and the documents were also submitted. All this was done due to the good faith and the cordial relations over the years. Like I mentioned earlier, there was no acknowledgment. I did find a letter dated 2003 in which they have shared a NOC addressing to my uncle for installing a separate water connection. This was after my grandfathers demise when my uncle was a partner and the letter has been duly signed by the landlord. Also, the notice they have sent claims that we have carried out structural changes but not a single change has been made. Please suggest further course of action. Thank you.
Asked 2 months ago
Deny allegations made in legal notice
rely upon NOC given by landlord for installing water connection
deny that any structural alterations have been done
Respected sir
You should without any further delay issue a Legal Notice to your landlord to withdraw his arbitrary notice and file a civil suit against permanent injunction against the landlord. In that civil suit, you need to make an application seeking stay on the eviction notice directing the landlord not to evict you without the due process of law.
Dear Client,
In the Present Scenario, your grandfather had started a business more than 50 years back in a commercial pagdi property. However, after he passed away in 1995, your father along with his two brothers continued to do the business. The three brothers were made partners in the business before your grandfather passed away. In 2017, your two brothers relinquished their rights and your father along with your mother became the partners. In all the years, the rent receipt was given in the name of the shop and not on individual. Recently, the landlord sent a notice stating that your father is an unlawful tenant as there was no intimation of inheritance. Though you have submitted all the relevant documents, there was no acknowledgement from the other side, and hence, you want to know if the landlord has any right to evict you. Herein, taking into consideration the Rent Control Act, Property Laws, and the Succession Laws, firstly, there is a dilemma on whether there has been a proper communication with respect to the inheritance. However, if you have submitted proper documentation, the lack of acknowledgement would be irrelevant. Further, if the landlord had accepted the rent without any challenge to the same, there can usually be no claim be made against you for an unlawful tenant.
Hope you find this answer beneficial for resolving the dispute.
The property was duly inherited by both the generations accordingly and there are evidences to prove that the landlord tenancy relationship vide the rental receipts for the rental amount being paid till date.
You can issue a reply notice denying the allegations made in the legal notice and can challenge the case if he is going to court because the evidences in your support are substantial and concrete to protect your interests
The additional evidences in your possession strongly prove the landlord tenant relationship and as the property is under pagdi system tenancy, it will not be possible for the landlord to just like evict you on some flimsy reasons.
You better consult a local lawyer and take legal action properly if necessary.
Henceforth, you may have all the evidences records and avoid oral evidences for whatever the reasons you may rely upon.
To address the eviction notice on your pagdi property, follow these steps:
- Your father can send a legal notice with the copy of the relinquishment deed to the said landlord to attorn him the tenant
- Further , if the rent was paying online, then he can give the proof of payment of the rent to the landlord
- Further, as the said shop was running by your grandfather and then your father , it means that this shop was running under the ownership of an individual i.e. your grandfather and then father , hence the landlord cannot evict on this ground.
- Further, if he is creating problem , then your father can file an injunction suit before the Court for restraining him from evicting you from the tenanted premises.
there is no statutory requirement to intimate about inheritance of tenancy to the landlord
under the law itself any person who was doing business in the premises with the deceased tenant is recognised as the successor tenant
so i dont think the landlord has any case
