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Amit Sahu   29 September 2019

Property Law

Hello All

Please provide information regarding Tenant life span. After Tenant death Does his family member has legal right to live landlord's property?


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 6 Replies

Real Soul.... (LEGAL)     29 September 2019

Tenenacy does not end with the death of tenant as it will be hiered by his sucessors.

If you have any deed or agreement that has been executed by the tenant that would show that upon death of tenant the tenancy shall end the enforce that

Amit Sahu   29 September 2019

Sir,

Thanks for reply

I have read in news paper that this is incorporate as a new rule in Property Law that after tenant death successor do not have legal right to hold that property. Can you please advice little bit detail about it

Real Soul.... (LEGAL)     29 September 2019

That is not correct ; Once tenant dies the tenancy rights pass on to legal heirs. Tenancy rights does not end at the death of tenant.

Shashi Dhara   30 September 2019

Go to court to evict or to vacate to u it takes nearly 25yrs

Amit Sahu   30 September 2019

Dear Sir/Madam

Thanks for sharing information.

I am sharing this case of Uttar Pradesh.Lawsuit already has been filed by landlord under act-21. Does In this situation tenant's successor get right to take landlord's property?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 October 2019

Basically succession right depends on the tenancy agreement. Long long ago there were no succession rights for tenancy. Tenancy  mainly meant tenancy for cultivable land. Same law applied for tenancy of residences also. Landlord was the absolute owner of the property and he could even summarily evict a tenant. Then came socialism and the concept of permanent tenants. Permanent tenancy became something that cannot be extinguished. When something cannot be extinguished someone should always be there to hold it. Thus came the concept of transferability and inheritability. Tenancy can be inherited the same way as an immovable property. In order to explain further I cite another case. Once upon a time landline telephone connections were difficult to get and there were long waiting periods. Then came own your own telephone connection scheme. People could purchase a teleconnection by paying a lumpsum. Waiting periods for connections got reduced. Succession and inheritability of telephone connections came into existance.


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