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Shriraammohan (Advocate)     09 June 2017

In regard to death of tenant

A rent control case was filed by the landlord against the tenant for eviction. During the course of the proceedings he died. The landlord filing one memo seeking the details from the counsel of the tenant to give details as to the legal representative since the tenant who died had got three sons. The advocate of the tenant filed reply to the memo stating that only one person who took care of the father's business while he was alive so he would be impleaded as his LR. Therefore His son was impleaded as legal representative and he contested the case. During the appeal of the rent control case he too dies. what will be the solution to the landlord. Again the impleading the LRs to be done or is there any way out for bringing the curtain of the case once for all.


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 3 Replies

Dr J C Vashista (Advocate)     10 June 2017

1. All three sons excluding widow and daughters (if any) shall be LRs of deceased tenant. Otherwise, subsequently rest of the LRs shall claim their interest in the demised property.

2. Similarly all LRs of the son (stated to have been died lis pendence) would be impleaded as necessary party to substitute deceased. 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     10 June 2017

Kindly note if the property is in actual possession of any family members of said deceased then the said persons and legal heirsmay be made party and sek ammendment feom the court and get order against said persons

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     10 June 2017

Kindly note if the property is in actual possession of any family members of said deceased then the said persons and legal heirsmay be made party and seek ammendment from the court and get order against said persons

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