West bengal tenancy act
Nito Digital
(Querist) 28 March 2013
This query is : Resolved
my father in law lived in a apartment in kolkata for last 40 yrs. No rent contract was signed then.He expired on 1st feb 13. His son and family was living with him since 40 yrs also. The landlord is a company.Till Jan13, rent chqs were regular and being banked and en-cashed by them without giving a receipt.My brother in law when he gave the feb month rent, the chq was returned.The same has happened for March rent.He is not allowed to meet anyone in the company also.He wants to continue to stay in the same premises.
I will be grateful if any expert can advise and suggest his legal rights and what steps he should take to safeguard himself under the WB ACT.
thanks.
Advocate M.Bhadra
(Expert) 28 March 2013
Your brother in law should deposit the rent to the Rent Control Office and send a legal notice to the said Company.It seems that the said company want to file an Eviction Suit against the tenant and if they would file the same then you can contest,but bonafide tenant requires rent receipt or rent agreement etc.
West Bengal premises Tenancy Act 1997
"tenant" means any person by whom or on whose account or
behalf the rent of any
premises is or, but for a special contract, would be paya
ble, and includes any person
continuing in possession after termination of his tenancy a
nd, in the event of death of
any tenant, also includes, for a period not exceeding fi
ve years from the date of death of
such tenant or from the date of coming into force of th
is Act, whichever is later, his
spouse, son, daughter, parent and the widow of his pre
deceased son, who were
ordinarily living with the tenant up to the date of d
eath of the tenant as the members of
his family and were dependent on him and who do not o
wn or occupy any residential
premises, and
2
[in respect of premises let out for non-residential p
urpose his spouse,
son, daughter and parent who were ordinarily living wi
th the tenant up to the date of his
death as members of his family, and were dependant on h
im or a person authorised by
the tenant who is in possession of such premises] but shall
not include any person
against whom any decree or order for eviction has been ma
de by a Court of competent
EVICTION :
1. When the contract expires and is not renewed , tenants should vacate within a month .
2. If a tenant dies, his direct legal heirs living with him or dependent on him can stay on only for five years .
3. Landlord can evict tenant for his own accommodation . Landlord can claim immediate possession if he is a retired government employee of an ex-serviceman .
4. A tenant can be evicted if he fails to pay rent for three months in a year.
5. Subletting or immoral use of premises will invite eviction .
Devajyoti Barman
(Expert) 28 March 2013
Even if Rent Receipts were not given , since payments made through cheque were encashed by them it would work as receipt of rent and after the death of original landlord, receipt of rent from his legal heirs make them tenant in the property.
Now since they have refuses to receive the rent, he can deposit the rent in Rent Controller.
There is nothing to Worry.
