Tenant dies , other person running business

Ayan (Querist) 19 June 2023 This query is : Resolved
A title suit and counter claim of eviction is pending in district court since 2009 for a commercial shop , landlod file counter claim of eviction for illigal construction , rent not paid for years , resonable requrement , last rent agreement executed in 2008.
Now the tenant have expired 2 week back.
His wife , elder brother opening the shop and running business , they have not taken permission from land lord or from court.
My question is
1)If tenant dies , his wife and brother become tenant automatically ? They can control over the rented premises ?

2)What is the way , so we can restain him from entering premise (till court pass an oder) , (landlord never seen them before)

3) Without knowing the name of intruder how to move to police (if require)?
The property is at kolkata and comes under West Bengal Premise Tenancy Act

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Quick Summary

Following the death of a commercial tenant in Kolkata, questions arise about whether his wife and brother automatically become tenants and can continue running the business. The landlord is seeking eviction due to unpaid rent, illegal construction, and the expiry of the last rent agreement in 2008, with an eviction suit pending since 2009. The discussion explores the rights of legal heirs under the West Bengal Premises Tenancy Act and how the landlord can seek to restrain unauthorised occupants.

kavksatyanarayana (Expert) 19 June 2023
If the tenant dies, the legal heirs must leave the owner's property. If they want to continue and if the owner agrees, then a new agreement can enter. 1. No. 2. The landlord may file a suit for eviction. 3. File suit in a court of law.

Advocate Bhartesh goyal (Expert) 19 June 2023
( 1 ) In case tenant dies, his legal heir may be his wife,son and daughter who were doing business with him will be deemed tenant,if no legal heir was doing business with him then they have no right to use and occupy the shop.they are trespassers and unauthorised occupier.you may
( 2 ) File injunction suit and get restrained to them .
( 3 ) complaint may be lodged against unknown person.

T. Kalaiselvan, Advocate (Expert) 20 June 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.
Under Hindu Succession Act the heirs of the deceased tenant are entitled to succeed, not only to his business, but also to his tenancy rights under the Rent Act which protects the heirs from ejectment except in accordance with that Act.
Therefore, despite the termination of the tenancy, the tenancy rights are heritable and the heirs of the tenant are entitled to enjoy the protection of the Act.
In the event of the death of the tenant, his legal heirs have the right to continue the tenancy. The landlord cannot ask the deceased tenant's heirs to vacate the property without giving a valid reason and serving a notice of eviction.

Ayan (Querist) 23 June 2023
Sorry for delay reply , Last tenancy agreement as ended in 2008 , an eviction suit is pending still 2009 in district court.Around 14 years rent , electric bill is pending.Tenant did illigal construction , A writ pettition of demolision is also pending in Calcutta high court.Please suggest what to do , in this situation

Dr. J C Vashista (Expert) 25 June 2023
Tenancy was stated to have been determined in the year 2008, the occupants will be termed as "trespasser" and liable to compensate damages and mesne profits.

The landlord has right to recover outstanding rent, electricity bills.

Action of tenant qua unauthorised construction is illegal, which is stated to have been challenged and sub-judiced before Calcutta High Court.

What is the advise of your lawyer who is well aware about facts of the multiple case(s) ? follow it.

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