The flat is in Kolkata within muncipal corporation limits in my father name . father passed away almost 4 years ago ( staying there since 50 years ) . The landlord continued taking rent from my wife and me after death of my father for 2 years . rent amount less then rs 2500. Rents were paid by cheque and the cheque was signed by my wife whereas the bank ac is in joint name of my wife and me. During the whole period the land lord did not give the bill. after taking 2 years rent, the landlord refused to take any rent even after we approached him.
there doesnt seems to be aby sort of agreement as well.
now the landlord keeps on saying that the law has changed and as per law we are entitled to stay in the flat only till 5 years and thus has no rights whatsoever.
since the land lord accepted the rent for 2 years after death of my father, does it entitles us to be the legal admitted tenant and hence the 5 years clause is not valid anymore ?
Can landlord accept rent from statutory tenant and still say that after 5 years the flat has to be vacated?
Kindly someone guide with knowledge of above subject matter .