Tenancy problem
Satyajit Dey
(Querist) 20 July 2014
This query is : Resolved
Hi I live in Kolkata and fall under the West Bengal Premises Tenancy Act.
Mr. X took a shop room in our ground floor on rent in 1970 in his name. He died in October 2009 and his son Mr. Y asked us to accept him as a tenant for the said shop room. When we rejected and asked him to vacate the place after five years as per law, he gave us a letter asking to accept his mother (X's wife), sister (X's daughter) and himself as tenants.
Now I want to know can someone inherit tenancy? If so then how long?
Please help.
Satyajit Dey
09804673148
P. Venu
(Expert) 20 July 2014
Tenancy, generally, is inheritable unless otherwise provided under the local laws.
prabhakar singh
(Expert) 20 July 2014
YES! TENANCY IS AN INHERITABLE RIGHT BY OPERATION OF LAW IN W.B. TOO.
ajay sethi
(Expert) 20 July 2014
agree with experts
Devajyoti Barman
(Expert) 20 July 2014
After the amendment of WBPT Act, the inheritance of tenancy in the sate of WB has becomes subject to limitation of 5 years after which the legal heirs if not inducted as tenant in place of original tenant is liable for eviction
So in your case you can get decree of eviction on this ground.
Rajendra K Goyal
(Expert) 20 July 2014
Agree with the expert Devajyoti Barman ji.
Satyajit Dey
(Querist) 20 July 2014
Mr Barman thanks for your reply, but I also heard that the wife of the tenant is authorised to get the tenancy till her death. Is it true???
T. Kalaiselvan, Advocate
(Expert) 20 July 2014
You have been rightly informed that the time-limit of five years shall not apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises. (Refer WBPT Act, 1997 section 2(g) for further details).
T. Kalaiselvan, Advocate
(Expert) 21 July 2014
What is the help you seek from the experts here, to evacuate the tenant from the premise? The law has been explained to you, now it is you who have to look some ways through a consultation with your local lawyer to solve the issue before you.
Biswanath Roy
(Expert) 21 July 2014
You may serve a legal notice upon the wife of the deceased tenant to quit and vacate the shop room on 30th. September,2014 and to hand over peaceful and vacant possession of the shop room failing which she shall be treated as a leave and license holder on and from the 1st. day of October 2014 and shall be charged license fee @ Rs.200/- per diem.
Raj Kumar Makkad
(Expert) 21 July 2014
The issue of tenancy rights in favour of widow of wife is also dealt within the same limitation and she has no preferential right under amended law.
