After death of tenant his wife is legal heiress?
Susanta Manna
(Querist) 31 October 2011
This query is : Resolved
My father was a tenant of shop at Kol,which was taken in rent by my grandfather at 1951.Now after my father's death the landlord is denying to accept rent and forcing us to vacate the shop room.The electricity bill,trade license,pollution tax is in name of my father and is paid up to date.my mother informed the landlord through a formal letter to give the rent receipt in her name.pl advice what is to be done.also please tell whether there is any new law that tenant will continue for further 4yrs after death of original tenant.Can the landlord file case of eviction?
niranjan
(Expert) 31 October 2011
The only condition is that you should be running the shop,if not you are liable for eviction.
Raj Kumar Makkad
(Expert) 31 October 2011
After death of your father, your mother should be accepted as automatic tenant if all of you legal heirs of your deceased father have decided so. Your mother should send rent through money order with a registered letter to accept rent and admit her as tenant but if he refuses then continue running shop and let him go to rent controller for eviction and you offer your rent there and contest petition on all possible grounds.
There is no law which you mentioned in your query.
ajay sethi
(Expert) 31 October 2011
agree with mr makkad
Advocate. Arunagiri
(Expert) 02 November 2011
You can file a petition for deposit of rent before the rent controller.
prabhakar singh
(Expert) 02 November 2011
But Right to deposit rent in court needs justification behind it which can be fulfilled only when refusal to receive
rent by land lord is proved ,hence advise to send rent by money oeder is a valid advise by
Mr. Makkad and has been rightly agreed to by experts.More over in every state deposit is made in different jurisdictions and not before rent controller every where.
