On father demise you and your mother were deemed tenants as you were carrying on business in said premises 

2) mother cannot take money without your NOC as business was run in mane of form and firm was tenant 

1. A partner has implied authority to enter into agreement with third parties under Partnership Act.
2. Mother is 50 % partner, she can surrender tenancy in favour of builder by executing agreement in the  name of firm.
3. Builder being powerful person can use the  agreement  to the  firm from shop.

1. If her name alone is appearing as tenant, your permission with regard to future of the tenancy is not necessary.

2.  If the property ceases to exist but the partnership firm will not vanish. The firm can continue with the business from any other place unless the other partner resigns leading to dissolution of the partnership business. 

There are two subjects involved here.

The first one is rental agreement, which was duly transferred on your mother's name by the developer, may be with or without your consent of NOC since you are one of the legal heirs to the deceased tenant i.e., your father and were doing the same business in the same place with your father before and after his death, therefore your tenancy rights along with your mother's is protected. 

The second subject is the partnership business which has nothing to do with this tenancy or rental agreement, because the tenancy was on your father's name and subsequently transferred to your mother's name, which was never objected by you till this date.

now this business continued in a different location can be shifted to the same place or can be continued elsewhere under the same partnership agreement unless the partnership is dissolved by the force of law on the basis of the circumstances prevailing at that time.

Therefore now you can decide that whether you are fighting for the tenancy rights or the partnership business or both and take proper action by due process of law accordingly 

Dear client,

Your situation involves tenancy rights, business continuity, and potential legal conflicts, so there are various steps that you can take, such as:

1. Since the tenancy was transferred on your mother name so she technically holds the tenancy rights. And if the tenancy was transferred in her individual capacity, she may try to surrender it without your consent.

2. You can file for an injunction to prevent your mother from surrendering the tenancy without proper discussion in the firm. If the tenancy was originally in your father's name as a business-related tenancy, you may have a claim over its continuation under the partnership law.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

1. No

2. The company will only lose its office unless the same is wound up as per applicable provisions of law

In your case, tenancy and business ownership are separate legal matters. Here’s how they interact:

1. Can your mother surrender the tenancy and take money without your NOC?

   • If the tenancy is now in your mother’s name, she has legal control over it.

   • However, since the business has been jointly run under a partnership firm, she cannot unilaterally dissolve the business or take business-related compensation without consulting you.

   • If the tenancy was transferred with an understanding that it benefits the partnership business, you may have a claim against her taking money without the firm’s consent.

   • You can challenge the surrender if you prove that the tenancy is for the firm's benefit and not her personal right.

2. What happens to the company if she surrenders the tenancy?

   • If the tenancy is surrendered, the business may lose its operating premises, affecting its continuation.

   • If your mother withdraws from the partnership, you might need to dissolve or restructure the firm.

   • You can legally challenge an unfair surrender by arguing that the premises were used by the partnership, not her alone.

Suggested Actions:

• Verify the tenancy transfer documents—Did she sign any agreement specifying that the tenancy is personal or for the firm's benefit?

• Check the partnership agreement—Does it mention how business property (tenancy rights) are handled?

• Negotiate or legally contest if she plans to surrender without your agreement.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.