Legal Question in Landlord & Tenant Law in India

tenant death

my tenant had died about 5 years ago and his eldest son is still occupying the shop and even on request is not vacating the shop.

What is the recourse with me, I donot want to go into litigation.


Asked on 6/18/07, 7:15 am

8 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: tenant death

we have to know as to whic state law is applicable to you . but for eviction you will have to file a suit /petition for eviction

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Answered on 6/30/07, 9:32 am
kavitha balakrishnan kpp associates

Re: tenant death

go as per the tenancy agreement! or ammicable settlement thru common persons!

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Answered on 7/01/07, 1:34 pm
Alok Sharma Alok Sharma & Associates

Re: tenant death

First of all keep in mind that he is under no obligation to vacate the shop as after the death of father the tenancy has devolved upon him. He is tenant under you now. You have no recourse since you have already stated that you do not want to go in to litigation, which is unfortunate since your remedy, if any, lies in litigation.

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Answered on 6/18/07, 7:31 am
Prabhat Shroff Shroff & Company

Re: tenant death

The tenancy laws differ from state to stae; hence unless you state the state in which you are in, it is difficult to answer your query.

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Answered on 6/18/07, 8:23 am
rajeshwar sharma rajeshwarnathsharma

Re: tenant death

You have not stated whether after the death of the tenat which occured about 5 years ago, you are receiving rent from son of the tenant or not. If you are accepting rent from him than you have no right to request him to vacate the shop. In case if you are not receiving any rent than you may file case for possession of the shop on the ground of non payment of rent. For further query contact me.

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Answered on 6/18/07, 8:38 am
Vivek Mapara Mapara Law Firm

Re: tenant death

It is required to be know as to what rent legislation is applicable in your state.

But generally if the son was doing business with his father, then he is entitled to inherit the shop, and otherwise not.

Moreover if the son is not evicting the premises, then the only provision is to file suit for eviction under rent legislation

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Answered on 6/18/07, 10:30 am

Re: tenant death

You do not have any other remedy except going into Litigation to get back your tenanted shop.

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Answered on 6/18/07, 12:54 pm
G. M. Gupta gmguptaandassociates

Re: tenant death

you have to be vigilant to take the benefits of law. you have not taken any step to claim ur property after the death of tenant, it will bring difficulties.

anyway you have to go in litigation to evict that person in the rent act or whatever similar which may be applicable to your case at ur place

For more details and more specific advice please contact alongwith papers (if any). Consultation charges will apply

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Answered on 6/18/07, 3:43 pm


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