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OPPILAMANI G (ASST> COMMR)     05 December 2017

Right of legal heir in continuing the tenancy of father

As per the lease agreement entered in 2005 "A" wasoccupying the shop premises , but failed to renew in 2008".He approached the Civil court against eviction notice. Suit dismissed. Civil Misc Appeal was filed in 2011 and is still pending. Meanwile "A" expired. Now "B" said to be the daughter  of "A" i s occupyinng the business premises and contnue the CMA.

Kindly enlight me whether the daughtr of the deceased posing herself as legal heir  can continue the tenancy by residing in  a far away place by employing somebody without renewing the original lease agreement.



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 3 Replies

manoj kumar sharma   05 December 2017

plz give more details qua the type of tenancy, state nd other info...however in general daughter is a legal heir nd enjoys all the rights derived from deceased.

Vijay Raj Mahajan (Advocate)     05 December 2017

The tenancy was inherited by the daughter along with other properties of the deceased father so she became legal representative in the eviction suit. Although the tenancy agreement had expired but the statutory tenancy continued as the eviction suit was not decided in favor of the landlord and no eviction order passed. The girl can continue as respondent even though she is not running business herself from the rented premises but through her representative.

Kumar Doab (FIN)     05 December 2017

CMA is not decided.

The daughter has stepped in shoe of deceased father.


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