Upon landlord-petitioner's demise all heirs must become party to eviction suit?

Law Student (Querist) 11 March 2011 This query is : Resolved
If an aged landlord files an tenant-eviction suit, what happens upon the demise of the landlord while the suit(or appeals) are in progress?

Do all the heirs of the landlord-petitioners have to become party to the suit? Can only some of the heirs choose to become party to the suit (or appeals)?

Some of the sons of the landlord-petitioner may not be interested in litigation.

If only some of the heirs become party to the lawsuit, will the tenant be liable to pay the whole amount of the back-rent (or damages etc.) or only a fraction based upon the number of sons who choose to become party to the suit?
Thanks.

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Devajyoti Barman (Expert) 11 March 2011
Not necessary, the tenant can pay the full rent to any of the co landlord and paying the same to any of them does not make the payment invalid.

Guest (Expert) 12 March 2011
Dear Devajyoti,

In my views, full rent as due, of course, will have to be paid, BUT it may not be advisable to pay unless some of the heir is legally declared, as the owner of the property.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 March 2011
In case the tenant be treated as defaulter for rent so in such cases apply to the court for deposit of rent in court.

Law Student (Querist) 12 March 2011
Thanks you for your responses.
Has there been any SC/HC judgment where it was clarified that it is not necessary for all the heirs of the deceased landlord-petitioner to become party to the continuing suit upon the death of landlord-petitioner?
Thanks again.

Chanchal Nag Chowdhury (Expert) 13 March 2011
Provisions are made in Tenancy laws for such eventualities.

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