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caps (x)     18 November 2021

Issues related in the event of death of tenant.

Ejectment suit was already going on [10yrs] sub-let & defaulter ground. Defaulter ground was proven & order passed. Tenant of the shop-room has died almost three years back survived by sons and married daughter. Court has been informed by landlord about the death and required steps taken. Btw, Shop is not being used by them for 6-7yrs.

This comes under WB Premises Tenancy act.

My simple inquiry is about 5yrs limitation for heirs of dead tenant to continue to use the premises.

1) When do I take steps regarding 5yrs limit according to WBPT act?

2) Do I have to start a new case once again? [because when the ejectment suit ends not even God knows]

3) Do I get it back automatically or they can contest? [I am not interested to give it on rent again. Have learnt my lessons. Willing to make written commitment in court.]

4) What is procedure in similar situation [ rights to 5yrs continuation post death of tenant ] but when there is no pre-existing court cases between landlord & original tenant?

Thanks in advance.

 

 



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