Law regarding renting a property from a gurudwara trust for last 60 yrs
6 months ago
My father is tenant in a shop for last 60 yrs in a gurdwara trust . They are asking us to vacate the shop & take another shop in same premises . What are my pros & cons in this deal
A.Dear Client,
A trust is governed by its constitution i.e, a Deed of Trust that contains the objectives of the trust and the regulations to fulfill the objectives in accordance with the resolutions passed by the board of trustees. If a resolution is passed by the board of trustees in respect of the allotment of shops within the campus of trust property, then as a tenant you need to abide by the instruction of the Trust if such instruction prima facie bears no ulterior motive or intention affecting the interest of either parties.
A trust is governed by its constitution i.e, a Deed of Trust that contains the objectives of the trust and the regulations to fulfill the objectives in accordance with the resolutions passed by the board of trustees. If a resolution is passed by the board of trustees in respect of the allotment of shops within the campus of trust property, then as a tenant you need to abide by the instruction of the Trust if such instruction prima facie bears no ulterior motive or intention affecting the interest of either parties.
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A.Dear
Pros:
Continued Presence: Moving to another shop within the same premises allows your father to maintain a presence in the Gurdwara premises, which may be significant for personal or business reasons.
Relocation Assistance: The trust is offering an alternative shop, which means your father may receive assistance in relocating his business, including financial support or help with the transition.
Possibility of Improved Conditions: The new shop may offer better conditions, such as more space or improved infrastructure, which could be beneficial for your father's business.
Cons:
Disruption: Moving a business, especially one that has been in the same location for 60 years, can be highly disruptive. It may take time to reestablish the business in the new location.
Adjustment Period: There may be an adjustment period required to adapt to the new location and attract customers, which could affect the business's revenue.
Negotiation: Your father should ensure that the terms of the relocation are favorable. He should negotiate for any compensation or support he needs during the transition.
Legal Considerations: Depending on the terms of the original lease agreement and local tenancy laws, your father may have certain rights as a long-term tenant. He should seek legal advice to understand his rights and responsibilities in this situation.
Financial Impact: The move could have financial implications, including potential costs associated with relocating the business and potential differences in rent or lease terms.
Regards
Pros:
Continued Presence: Moving to another shop within the same premises allows your father to maintain a presence in the Gurdwara premises, which may be significant for personal or business reasons.
Relocation Assistance: The trust is offering an alternative shop, which means your father may receive assistance in relocating his business, including financial support or help with the transition.
Possibility of Improved Conditions: The new shop may offer better conditions, such as more space or improved infrastructure, which could be beneficial for your father's business.
Cons:
Disruption: Moving a business, especially one that has been in the same location for 60 years, can be highly disruptive. It may take time to reestablish the business in the new location.
Adjustment Period: There may be an adjustment period required to adapt to the new location and attract customers, which could affect the business's revenue.
Negotiation: Your father should ensure that the terms of the relocation are favorable. He should negotiate for any compensation or support he needs during the transition.
Legal Considerations: Depending on the terms of the original lease agreement and local tenancy laws, your father may have certain rights as a long-term tenant. He should seek legal advice to understand his rights and responsibilities in this situation.
Financial Impact: The move could have financial implications, including potential costs associated with relocating the business and potential differences in rent or lease terms.
Regards
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