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Ashima Das (Lecturer)     28 June 2013


We are the member of a joint family consisting of four brothers. Residential House was taken on monthly rent basis in 1972 (West Bengal). The Land Lord used to issue Rent Receipt in favour of eldest brother (Karta) who was a bachelor. In the year 2004 the Land Lord filed Ejectment Suit .The said suit was been withdrawn by the Land lord in 2011 as the eldest brother expired in 2010 without leaving any heir. Till death the deceased used to stay with the rest of the brothers.  In the year 2011 the land lord filed a suit to vacate the house claiming that the other members of the family are not tenants and they are not entitled to get any protection under W.B.P.T.Act. and their possession is like trespassers.  After the death of Karta of the family the younger brother used to deposit rent in the court. The matter is now in the court. We are very old and have no other house where we can move. We seek your kind advice in following matters:

1.      Since we all belong to same family can Land lord bring charge of trespassers?

2.      Can younger brother who used pay rent in the court be treated as tenant? 





 3 Replies

Mohammed Ameenuddin (Sr. Legal Manager)     28 June 2013

Was there any Rental Agreement signed between Land Lord and your deceased brother?

Ashima Das (Lecturer)     01 July 2013

Thank you for your kind reply. As desired by you I like to mention that there was no Contract / Agreement between the land lord and tenent (deceased person).

Kindly give the reply at the earliest. 

prakharved (Medical officer)     02 July 2013



The registered rent agreement is the legal document required. Also, the WBTP act states that the tenancy extends to five years after the death of the tenant. But, this is the case only with the spouse, son, daughter of the tenant. This is not the case here as you mentioned that karta was a bachelor.



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