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Maninder (Shopper)     28 November 2011

Question about tenant

        what would be situation when a tenant is expired  1- rental area goes to his family members or 2- there is no rent agreement exists between land lord and follower of tenant . plz suggest me the answer and also give references of cases or law in civil ......



Learning

 5 Replies

I.S.Roy,Advocate (Advocate)     28 November 2011

If such property comes into purview of rent control stautes of such state then the leagal heirs of the dead person will continue otherwise such tenancy will be terminated. In such cases lease agreement is not a subject 

adv. rajeev ( rajoo ) (practicing advocate)     29 November 2011

If the lease holder is died then it cannot be inherited by his legal heirs.

Dr J C Vashista (Advocate)     29 November 2011

Where is the property located, I mean state? What is the rent agreed and being paid? Did you obtain rent receipt? When did the tenant (since deceased) occupy the demised premises  You are required to give full particulars of demised premises.

Since rent control is a state subject governed by State Laws where as Transfer of Properties Act is a Central Law, accordingly there are different set of provisions of law.

I.S.Roy,Advocate (Advocate)     29 November 2011

If such property comes into purview of rent control stautes of such state then the leagal heirs of the dead person will continue as tenents only otherwise such tenancy will be terminated. In such cases lease agreement is not a subject,

with regrds

I.S.ROY, advocate

Alok Tholiya (self employed)     30 November 2011

I think as per mumbai / Maharashtra rent act those family members of decesaed who were staying at the time of of his death can become tenent.If no one w2as staying with the decesed then the tenancy is lost.


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