Death of landlord
Seema
(Querist) 08 May 2014
This query is : Resolved
I reside in Kolkata. My father who was the original tenant of my premises passed away in 2000 after which the original landlord recognized me as his tenant and took rent from me. A few years later, he moved with his son out of the country and in 2004 gave me instructions to put the rent into a specific bank account which I have been doing since then. In 2011, I got a letter from a person who said he was the constituted representative, stating that the original landlord had passed away, he was the legal representative for their son and legal heir, and I was an illegal occupant as I had violated the contract. There was no date of death mentioned, nor was there any copy of the death certificate. If he has truly has passed away, he is survived by his wife, son and 2 daughters and any one of them could be the legal heir. I wrote back saying he should tell me which law I have violated and that he should give me proof of death and validate who is the legal heir so that I may pay the legal heir the rent. There was no response and I have been continuing to deposit the rent in the bank. Currently, I have no awareness of the whereabouts of the original landlord or his legal heirs as they have not communicated with me and earlier addresses are no longer valid.
Considering the fact that I have received no formal communication and no proof from the original landlord's family or the heir of this property about the death of the original landlord, am I within my rights to continue paying the rent into his account which continues to be active? I am aware that the different family members live in different parts of the world. I am not keen to go exploring who is the legal heir when I don't even have official communication about the landlord's demise. Do I have to still find out or is it okay to just let things lie? As I have not defaulted on payments, is my position secure? Would appreciate a legal opinion.
ajay sethi
(Expert) 08 May 2014
if landlord had died intimation would have been given to bank . on receipt of death certificate bank would have forzen his account . find out from other tenants whether they have received any such communication of landlord death
Sankaranarayanan
(Expert) 08 May 2014
You can approch the banker and explain the matter and get the address then you write a letter to the concerned address.
Devajyoti Barman
(Expert) 08 May 2014
You have not mentioned whether you are still paying the rent.
This person seems to have ill-motive but nothing to worry.
In WB the right of the tenant is more protected than the landlord.
However to be on the safer side you should file suit for declaration of tenancy and injunction, a time tested method to protect the tenants in WB.
Rajendra K Goyal
(Expert) 08 May 2014
Agree with the expert Devajyoti Barman ji.
Seema
(Querist) 09 May 2014
Thank you very much for your responses. The bank has the same address that I have but the
place has been shut for many years and mails have come back. Yes, I am still paying the rent into the account and account is active.
There is only one other tenant and he has ill motives to harrass me out of my residence so he can occupy the place. He is hob-nobbing with the landlord's son whenever the son visits Kolkata. He could also have had a hand in sending me that letter where the constituted representative had asked me to vacate. I agree with Mr. Devjyoti Barman that there are malafide intentions which is why I want to be extra sure about my position. On what basis should I file a suit for declaration of tenancy and injunction considering the fact that according to the bank and me, the landlord is still alive?
