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tenancy rights after the death of the original tenant

Querist : Anonymous (Querist) 16 August 2020 This query is : Resolved 
What would be the status of tenancy right after the death of the original tenant for his wife and 2 sons, who were staying with him at the time of his death, as per the latest West Bengal Premises Tenancy Act?
Quick Summary
Following the death of the original tenant, tenancy rights in West Bengal typically pass to the family members (wife and sons in this case) who were residing with them at the time of death. These individuals are generally considered the new tenants and inherit the rights as per the West Bengal Premises Tenancy Act. While the rent agreement's terms are important, the law provides for the devolution of tenancy rights to legal heirs, though compromises with the owner are also possible.

Rajendra K Goyal (Expert) 16 August 2020
Local law applicable discuss with local lawyer.

Broadly the terms of rent agreement prevails.
Advocate Bhartesh goyal (Expert) 16 August 2020
After death of original tenant legal rights to use and occupation of tenanted premises devolves to his legal heirs who at the time of his death were residing with him there I.e wife and two sons.they will be treated as tenant.
Isaac Gabriel (Expert) 16 August 2020
The have got lien period as per the Act. But a compromise could be arried by the owner and tenant
P. Venu (Expert) 17 August 2020
Generally, tenancy rights are inheritable unless the local law provides to the contrary.


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