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PKUMAR GARG (SR. MANAGER-ERP FI)     21 November 2009

status of Licensee

What is the status of sucessor of a Licensee in licesed immovable property after the death of licensee? Are not they tresspasser in the property?



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 7 Replies

PKUMAR GARG (SR. MANAGER-ERP FI)     21 November 2009

Whether Licensor right of the eviction of successor of Licensee under section 108 of Transfer of property act?

Suchitra. S (Advocate)     21 November 2009

The period of licence will not come to an end just for the reason that the licensor die before the period of licence lapse. The legal heirs will become the owners of the property instead of the deceased person and so, the licencee cant be evicted as tresspasser.

PKUMAR GARG (SR. MANAGER-ERP FI)     21 November 2009

The period of Licens came to an end before the death of Licesee and the matter for eviction was under litigation and now matter is about to be argued before SC by the sucessor of Licensee and Licensor.

PKUMAR GARG (SR. MANAGER-ERP FI)     21 November 2009

The License was cancelled by licensor on violation of terms of license to which licensee refuse to vacate resulting in litigation

Khaleel Ahmed (Legal Advisor)     21 November 2009

I agree with Ms.Suchitra totally.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 November 2009

No. The legal heirs of the licensee are not trespassors. Even on the expiry of the license period, a notice under section 108 is amndatory seeking vacation.

Jahangir Shaikh (Advocate)     22 November 2009

licence is non transferable therefore relations staying lawfully during life time of the licensor have lost said status since licence no more exist.


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