Eviction of a tenant

Querist : Anonymous (Querist) 13 August 2011 This query is : Resolved
A legal notice to vacate the tenanted premises was served upon the tenant, it was returned back mentioning that he died, then another legal notice was served to the tenant's authorized agent who also to be a relative(but not legal heir), it was also returned back being endorsed by postal peon as "not met", now the questions are for bringing an eviction suit, (1)Whose name is to be given in the plaint for making a party/defendant i.e., the tenant or his authorized agent or both? as there is no authentic proof been available to the landlord about the death of tenant save & except the endorsement by the postal peon and also there is no trace of legal heirs; (2)Whether suit brought against dead person in this circumstances based/relied upon endorsement of postal peon is valid? (3) What are the ways so as to bring and stand the eviction suit?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 13 August 2011
Well I am for the tenant and landlord in over confidence make initial mistakes, you must seek expert legal service.

Now in your case by sending second notice to the occupier you have accepted his existance . And what you were doing till now after the death of original tenant.The occupier if he has proper legal advice will seek legal tenancy rights.

In any case the matter will drag in courts for years and years.

H. S. Thukral (Expert) 13 August 2011
Who is staying in the tenanted premises?. Are you in receipt of rent from the occupier. If there is no legal heir then the occupant is not a tenant and only an unauthorised occupant. File a suit for possession after getting details of the occupier. Notice will not be important to get evicted a trespasser.

Raj Kumar Makkad (Expert) 13 August 2011
I completely agree with Harbhajan Singh.

K.S.Srinivas (Expert) 13 August 2011
After the death of the tenant, in case the present occupier paid the rent and you accepted the same, it may amount to accepting by you that the present occupier is the tenant of your premises. If you have not accepted the rent from the present occupier, the he is called as unauthorised occupier. Then file a suit against unauthorised occupier for possession of your premises.

Querist : Anonymous (Querist) 13 August 2011
The rent receipt was to be issued in the name of original tenant and the occupier was his agent who used to handover/pay rent to the landlord and he deliberately suppressed the news of death of tenant. After dispatching legal notice the landlord refused to accept the rent from the occupier, although the occupier started dispatching rent through money order.