Relinquishment of tenancy rights

Ram Prakash (Querist) 24 July 2023 This query is : Resolved
My Tenant Abdul has died. He left 2 sons.

Now one son A wants to continue as tenant.

Whether a registered relinquishment deed is to be executed by other son B for relinquishing his share of tenancy rights in favour of A ?

Or a simple letter from other son B will be sufficient ?

Follow Query

Report Abuse

Quick Summary

When a tenant passes away, their tenancy rights may pass to a family member residing with them at the time of death. If no such family member exists, legal heirs may claim tenancy, but this typically requires a new tenancy agreement with the landlord. A registered relinquishment deed is generally not sufficient if the tenancy is inheritable under specific laws like the Delhi Rent Control Act, where it can be passed down.

kavksatyanarayana (Expert) 24 July 2023
You and the tenant execute a tenancy right agreement. B's consent is not necessary but your satisfaction, B' signature may be obtained as "witness".

T. Kalaiselvan, Advocate (Expert) 25 July 2023
As per that act any family member living with the tenant at the time of his death in the tenanted premises is entitled to be recognized as a successor tenant. Only if there is no such family member would the legal heir of the deceased tenant can claim tenancy.
Tenancy is not inheritable by law. The legal heirs have to execute a separate tenancy agreement.
If the landlord accepted the monthly rental amount from the legal heirs/legal representatives of the deceased tenant and had not taken any action to evict them from the premises, then it clearly defines that the landlord accepted them as tenants and the landlord tenancy relationship has been proved.

Advocate Bhartesh goyal (Expert) 25 July 2023
Yes, any family member living or doing business with tenant in tenanted premises at the time of his death is considered as successor tenant.Besides this successor tenant has to execute separate Rent Agreement in favour of landlord.Since tenancy is not inheritable so relinquishment deed will not suffice your purpose.

Ram Prakash (Querist) 26 July 2023
Thanks for your expert advices.

However my property is covered under Delhi Rent Control Act and tenancy is inheritable under the act.

kavksatyanarayana (Expert) 26 July 2023
Welcome..................................................

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries