How to prove sub tenancy?

SABIR AHMED (Querist) 02 September 2015 This query is : Resolved
Dear Expert,
One of my tenants passed away about 14years back. The rent bill is now in his wife's name. Since 3 to 4 months some of her relatives are staying with her. Can they legally dwell in the flat? What are the guidelines to prove sub tenancy?

Regards,
Sabir

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malipeddi jaggarao (Expert) 03 September 2015
Why do you worry about proving sub tenancy? You serve eviction notice on the grounds the tenant in whose name the rent is being given is not residing in the rented property.

Dr J C Vashista (Expert) 03 September 2015
Issue legal notice to vacate the demised premises.

Guest (Expert) 03 September 2015
Relatives, living along with the lady, cannot be treated as sub-tenants, unless it is proved that the lady is charging any rent.

So, try to obtain the correct information, may be through some detective, if you really have doubt that the lady has kept sub-tenants.

M V Gupta (Expert) 03 September 2015
U may perhaps issue registered notice to the tenant asking her to send away the relatives or else she will be deemed to have committed breach of the lease terms by inducting third parties into the premises. Depending on the reply u may decide further action in consultation with ur Advocate.