Legitimacy of tenancy
SABIR AHMED
(Querist) 07 November 2015
This query is : Resolved
Dear Expert,
One of my tenants ( had tenancy agreement on non judicial stamp paper ) passed away 7 years back. He is survived by his wife and 2 sons. The sons are married and staying elsewhere with their families in the vicinity. Presently, the deceased tenant's wife and another person, who happens to be the deceased tenant's wife's brother's son and his wife is occupying the self contained rented premises. This man had been staying in the rented premises since before the original tenant passed away ( but not at the time the deceased tenant signed the tenancy agreement while renting the premises). At the time of the original tenant's death, this person was unmarried and got married 2 years ago.
The rent bill after the death of the original tenant is being issued in his wife' s name. No fresh tenancy agreement has been made as of date with the deceased's spouse.
Is this person, in question, legally entitled to dwell in the rented premises as per the West Bengal Premises Tenancy Act ?
Regards,
Sabir
Anirudh
(Expert) 07 November 2015
Suppose a son / daughter was not born when an agreement of tenancy was entered into, whether the son/daughter born after agreement can stay in the tenanted premises or not?
So long as it is a self contained rented premises and it was not sub-let, you cannot have any grouse.
Rajendra K Goyal
(Expert) 07 November 2015
Rent bill at present is in the name of deceased person,s wife and she is staying there, you have negligible merit in your favor.
SABIR AHMED
(Querist) 07 November 2015
Dear Experts,
Thanks for your valuable replies to my query.
Regards,
Sabir
Dr J C Vashista
(Expert) 08 November 2015
I agree with experts advise.
To add to it, the tenancy has passed on to the deceased tenant's widow and not to her relative or family of relative occupying the demised premises.
In fact, whether the landlord has extended rent agreement (oral/written) and want to continue the tenancy or want eviction is not found mentioned???
Where is the demised premises located? What is the status/usage of the premises?
Consult a local lawyer for further/proper guidance, advise and proceeding.
K.S.Srinivas
(Expert) 12 November 2015
Agreed with Dr.J.C.Vashista.
SABIR AHMED
(Querist) 12 November 2015
Honourable Dr. J.C. Vashista,
Thanks for your response. The premises is situated within the limit of Kolkata Municipal Corporation.
Since, the original tenant passed away, any agreement isn't signed between the landlord & the spouse of the deceased tenant. The man ( original tenant's wife's brother's son ) along with his wife is staying with the widow as a relative/guest. This man has also included his name on the name plate of the mailbox along with the name of the deceased tenant & his widow. Please suggest me the commendable legal course of action which wiould draw merit in my favour.
Regards,
Sabir
