• Legal heir

Hi, my father is a tenant of a commercial Shop for 34 years and he passed away a month ago and now the owner is asking me to vacate the shop or create a new agreement increasing rent and for maximum of 2 years (the original owner was also passed away few years ago) the shop is the only option we have to earn money, need your advice please help me out... Thank you.
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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16 Answers

Don't vacate the shop and increase the amount as well. Ask owner to get court permission to increase the rent amount.

As you're the old tenant so tell him you will continue to run the shop and maximum can increase 10% for next 5 years.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

You cannot be forced to vacate the tenanted premises 

 

2) on father demise you would be deemed tenant 

 

3) landlord has to file eviction suit against you 

 

4) it would take years to be disposed of 

 

5) you can claim tenancy rights as defence 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

 

don’t agree for 2 years rental agreement 

 

you can agree for increase in rentals 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

After demise of father you can claim for deemed tenancy for 5 years and can ask owner to continue on the old rent and further donot agree for increased rent and 2 years agreement.

Even the owner goes to court it would take years and you can contest and take defence in same too.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Donot enter into any new agreement continue using the shop.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

A new agreement has to be drawn unless that agreement is valid. Kindly see that agreement. In most of the agreements it is written legal heirs assigned.....you are covered by that agreement. The rent canbe increased if you are willing to give.

Regards 

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

You need to execute a new rent agreement but increase in rent will be a mutual concern or will depend on rent control law in telangana

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Dear Querist 

If there is an agreement previously, then the son will be legal hier. Being a legal hier , son shall acquire the rights and liabilities on account of the fathers' dealings. So you can continue with the same legally.

 

Because , the rent is a meagre amount and you earn your livelihood from the same, suggest you bargain the amount to something in middle and execute the agreement. This is because if you go legal in court. You will end up spending thousands of rupees.

 

In case, you bargain and settle a new agreement, you must first verify that the person who is entering into agreement is a legal hier of the owner. The Legal hier certificate must be possessed by him or the property should be in his name.

 

You should NOT enter into any agreement in respect of the property with anyone who is not a legal hier or when the title of the property is still on the name of dead person.

 

I need to peruse the papers to make further advice.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

You continue with the possession of the shop and there is no need to pay the hiked rent 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

If he forces you then you may go ahead and file a suit in the court of law, on the ground that the said shop is the only source of income.

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

NO need to execute any agreement or pay increase rent. You are in long peaceful possession of rented property, You cannot be evicted and if he approach curt, will take years and may not get relief.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Your landlord tenant relationship is governed by your rent agreement. If there is no rent agreement then the landlord may increase the rent which is justified. He cannot increase the rent according to his wish. You can file a case against your landlord with the rent controller for arbitrary increase in rent.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

consult a local property lawyer.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As a legal heir and if you had been with your father during his business days and had been taking of his business in the shop after his demise then you can claim tenancy rights up to 5 years from the date of his death.

You can file an injunction suit against the new owner stating that he has no authority to ask you to vacate and to restrain him from forcibly evicting you other than by due process of law.

Take the advise of your advocate and proceed on the advice received.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

You may what is feasible and proceed as per the feasibility, if not then challenge him in the court of law by filing an injunction suit against him.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Dear client 

Legal heir of deceased tenant have to make new agreement for transferring the rights of tenancy. They can increase the rent but can't increase the rent by 100%.

You have to negotiate the rent with owner. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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