• Shop Rent - New Shop in place of old shop

As per Rent deed “Some front portion of the shop which may come under the road is demolished by state or otherwise is demolished, in that eventuality ,the landlord has agreed to construction new shop premises of the size of 15’*9’ at the same site and will continue to let the same in the possession of the tenant .such construction at the demolished site shall be raised by the landlord within three month period .And in that event the tenant has agreed to pay the monthly rent as per the market rate of rent prevailing in the locality for the newly constructed shop "

So i want to know if whole shop is demolished in that case also landlord will construct new shop . We are rented this shop for last 30-40 years . My father expired last month (feb 17)so want to know " Can son legally continue with shop on rent .
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

as per rent deed if old shop is demolished you are entitled to tenancy rights on the new shop constructed

2) since father was tennant for last 40 years on his demise his legal heirs would be entitled to continue as tenants of the shop

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Within the sweep of the clause which you have extracted, the landlord is bound to construct a new shop and induct you as a tenant therein. If he does not do so then a suit for mandatory injunction can be filed against him by you in the competent civil court.

2. On the demise of your father his tenancy has been inherited by his legal heirs.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The registered rental or lease agreement will be valid till the expiration period even if the landlord expires before the expiration of the lease period.

You may have to wait for the the rental/lease agreement to come an end for initiating the legal process to evict the tenant from the rented property.

The conditions also will also remain in tact till the rental period is effective and valid.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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