Transfer of tenancy receipt
Respected Sir,
Since the last 40 yrs my father runs his dispensary in a rented premises. The landlord is a trust. He has never defaulted on rent payment. Now he wants to transfer the property in my name and hence gave a written letter to the trustees to transfer the receipt in his sons name [ie my name].
In reply to his letter, one of the trustee, informed him that, the trustees are thinking of discontinuing the tenancy after my father passes away, and therefore they are not willing to transfer the receipt.
My question is that, can they do this, specially since, this is not a leave and license agreement and we have been occupying this premises for last 40 years and have never defaulted on the rent, or any other clause.
What is my legal position and what shud I do to claim my legal right.
Kind regards and thank you for your valuable opinion in advance.
Asked 8 years ago in Property Law
Religion: Muslim
Thank you for all your responses, but the responses from all the lawyers were different.
Basically, what I am interested to know is :
1] After my father’s death, if the landlord, in this case, the trustees, says that they want the property for their own use and therefore they do not want to transfer the tenancy to me. Pls remember that, we are tenants in the property since the last 40 years and running a dispensary. Even I am a doctor and want to continue the dispensary. In such a case can I approach the court to get my right and if so what are my chances of getting the tenancy transferred in my name.
2] What is the meaning of the below mentioned statement, in simple terms:
" A tenant can not dispose off his interest even by the testamentary disposition i.e. Will as held by the Supreme Court in the matter of Dr. Anant Trimbak Sabnis V/S Vasant P. Pandit."
Thank you and kind regards
Asked 8 years ago