Does partnership deed prove tenancy
the landlord signed as witness on partnership deed for a businessman who mentioned in the deed the place of business would be that particular property..in order to get loan from a bank....
landlord only gave it for some time on trust...
but didnot give it on rent to the business man...
the deed is 30 years old
now the man declares himself as the tenant of the property..on the basis of the deed,
however he never paid a single rupee ever,nor does he have any rent receipt...
please advise ...whether that signed deed can go against the landlord??
Asked 4 years ago in Property Law from Delhi, Delhi
inorder to prove tenancy tenant has to produce rent receipt or any agreement duly signed with the landlord .
. in the present case tenant does not have any such document . merely because landlord has been witness for partnership deed not show that landlord has accepted said person as tenant .
Hi, tenant can't declare himself as a owner of the property. it is better file a suit before the court.
Partnership deed proves partnership not tenancy. Tenancy can be proved by producing for the inspection of court the lease deed made with the landlord.
Tenant cannot claim to be the owner on the strength of a partnership deed on which the landlord signed as a witness.
Why you have not taken any action against the occupant for such a long period when the possession has been in your knowledge?. The occupant can take plea of adverse possession. If you want to take possession by filing a suit, you have to be cautious in pleadings.
Advocate, New Delhi