I have been running a proprietorship firm from last 30 yrs in a rent control property. I have always been paying rent on time. Due to aging and illness, I made a will to transfer my property to all my 3 sons. Hence, I contacted the legal trustees of the building and got the name changed successfully. Now, after few years of togetherness, my 2nd son has started misusing this priviledge of name change. He is creating nuisance and thus hampering my business. I am still the proprietor of the firm while the sons are working for me. At this elderly age of 68 yrs, I demand only one thing i.e. peace. In my lifetime, I am left with two arbitrary options either to revoke my 2nd son name from the property or revert the property name to it's fromer owner i.e. me. Please suggest and provide in-depth knowledge of what is best for me at this point of time. Thank You!
1) tenancy rights cannot be bequeathed by will
2) on your demise your sons carrying on business with you would inherit the tenancy rights
3) if name change has been done by including sons name as tenants you cannot revert property name to its former owner without their consent
The owner of the property has already transferred the tenancy rights to your son which is not revocable.
If he has got any grievance over your son's activities he may terminate the rental agreement and would evict him.
You may not be able to anything on it at this stage.
1. Your will shall come in to effect only after your demise. So, on what ground you have made the change of name of the tenant in the records of your Society? Certyainly it is not based on your will.
2. If the ownereship of the said firm is still in your name and has not been transferred in favour of your said son, then what had you written to your said society as the ground for the change of name of the tenant? Have you mentioned therein that you have gifted or transferred your firm in his name?
3. If yes, then write to the Socety that your son had forced you to make the said name change with false ground which shall have to be reverted.
4. The society may accept or refuse to accept your request.
Dear Client,
How you got name changed ? through registered deed ? If not than get it reverted back in you. Disinheriting son at this stage is of no use, chances of his reformation cannot be negated at present.
1)Once tenancy rights transferred it can't revoke.
2)try to settle dispute amicably through an mediator.
Hello,
The will can only be executed after your death and therefore on basis of the will the title can not be change. Please tell specifically as to by what means the title has been transferred in favor of the son?
If, it is the case that you have just made the will then you may revoke such will.
Please tell the facts in detail.
Regards
The shop was purchased on my name (*not the proprietorship firm, I am running on this shop). There was no such thing as written or registered will while transfering, it was a verbal conversation with the landlord. The landlord just changed the name on the rent bill from my name to all the 3 of my sons. When I transfered its name to my sons, the company I am running is still on my name. Or it may be said that my company is running on my sons place. I am a senior citizen and I heard it somewhere that the Modi government has passed a law that a father may get back his property from his sons by certain procedure which I am not fully aware of. This is why certified professionals like you all can only help an old man like me. My true and pure intension is to get back my property which I transferred to my sons name. Pls help!!
See if in the rented property the rights are already transferred then you cannot revert them back so better then that for your business you can make a will to give it to two other sons and further since if tenancy is on individual basis then the trustee can evict him.
You may file an application under Maintenance and Welfare of Parents and Senior Citizens Act, before the appropriate authority
Regards
You and your children are tenants of the said premises
2) landlord would not transfer tenancy rights in your name without consent of your 3 sons
1. Once the Name change has been affected on the Land Lord's records, the name of the 2nd son can be removed only with the written consent of the 2nd son. There is no easier way on this one, to the exception of filing "dis-owning" proceedings against the 2nd son.
2. You can change your WILL, as you wish, to safeguard your properties in favor of your other legal heirs.
Keep Smiling .... Hemant Agarwal
Once you transferred it can not cancel or revoke.
Without consent of your sons you cannot transfer tenancy rights on your name.
1. Since Will can be changed as many time as you want during your lifetime, you must remove the name of this son who does not even know how to behave with his own father.
2. Thereafter if you want ,you can severe him form your business as well.
3. It is not clear under what basis the landlord has changed the names on the rent receipts as Will has no force during your lifetime.
4. So you can ask the landlord once again to make necessary changes in the rent receipts once again.
5. No one can usurp your business and hence there is nothing to get worried on this account.
6. IF this son persists in his wrong doing then you can approach Senior Citizens tribunal as approaching court may not be advisable at this stage.
1. It appears that on oral request only, the bname of the tenants have been changed from you to your 3 sons.
2. If the said concern has been run as proprietorship firm, then it can be transferred only through registered deed of conveyance or will.
3. You ask the land lord to raise the rent receipts in your name as earlier and run your said firm duly signing all the papers like ITR, GST papers etc. by yourself.
Dear Sir,
You are correct there is one law called Senior Citizen's Act where in the sub divisional magistrate have ample powers to give you immediate reliefs to senior citizen's. You may go through the following FAQ and act accordingly.
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.
What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.
Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance may be made:-
Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?
Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.
The senior citizens can get back their property if that was taken away by a third person including his children.
Whereas this is not your property, you were a tenant in it and you have already consented to transfer the tenancy in favor of your children.
Since you are no more a tenant you cannot make any claim towards it.
You can seek maintenance from your sons by filing a petition under section 125 cr.p.c.
\
You can struck down his name from the same if he is harrassing and misusing.
