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Arun Marix (ADVOCATE)     06 January 2012

Liability of the tenants

In a family of A,B,C&D, A,C&D were the tenants. where C&D were minor son and daughter respectively. B-a wife of A is died before occupying the tenant house. and recently A- the father of the two minor children also died in accident recently, nearly  4 months of rent(Rs.8000X4) is left unpaid by the desesaed. now the 2 children were taken care of by A's brother in his own house. now the house owner of A is demanding A's Brother to Pay the rent left unpaid by A? weather A's Brother has any liability to pay his Brother's(A-deseased) ?? 


 2 Replies

GVL NARASIMHAM (ADVOCATE)     06 January 2012

If any of the properties of late father devolved on the children and then the owner can  recover arrears of rent from the minor children/legal representatives of deceased and recover the amount from out of the estate of the deceased devolved on them  by filing a civl suit.. If the  deceased has no properties or no properties of the deceased was devolved on his children, or other legal heirs then the owner can not recover his due amount inspite of a decree.  The deceased children or his brothers are no away personally liable to discharge the debts of the deceased unless, deceased estate was devolved on them.

If the deceased estate is devolved on them and they utitlized the same personally, by proving the same the owner can recover the amount by praying the court to treat the decree as a personal decree against the legal representatives and can proceed in execution on such amount. 

1 Like

Arun Marix (ADVOCATE)     07 January 2012


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