west bengal premises tenancy act 1997
shaoni mitra
(Querist) 17 May 2010
This query is : Resolved
A part of the premises was let out to a proprietorship business house. The proprietor was bachelor and expired without leaving any first class legal heir. His nephew was looking after the business as chief executive. The business was transferred to the nephew by will. My question whether tenancy of the premises can be inherited to the nephew after death of the proprietor of the business as proprietorship business comes to an end with the death of the proprietor.
As per section 2(g) of the west bengal premises tenancy act 1997, can authorised person (here Nephew)be treated as tenant after death of the bachelor proprietor ?
Devajyoti Barman
(Expert) 17 May 2010
yes, though the nephew is not the class-I heir of the tenant but as it was tenanted for non residential purposes and if the nephew was duly authorised by the original tenant and if he was in possession of the tenanted property at the time of death of the original tenant, the nephew can continue as a tenant.
Further information would be pf much help to give further answer in this respect.
shaoni mitra
(Querist) 18 May 2010
The business was sole proprietorship. The status of the business comes to an end on the death of the proprietor. when a business activity ends with the death of the proprietor, then how authority persists beyond life time of the proprietor ? The business can be bequeathed but how tenancy ?
