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Nizamuddin Ahmed   07 July 2020

west Bengal premises tenancy act

who will be the tenant after the demise of a lady tenant?

 1 Replies

Esheta Lunkad   04 August 2020

Hello sir/ ma'am,

 When the original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenant is the occupation of all the joint tenants. It is not necessary for landlord to prosecute all legal heirs of the deceased tenant, whether they are occupying the property or not. It is sufficient for the landlord to prosecute either of those tenants who are occupying the property, as party. In a case where landlord is not aware about all the legal heirs of the deceased tenant and impleading only those legal heirs in occupation of the property is also sufficient for the purpose of filing for the eviction. An eviction against one of the joint tenants is sufficient against all the joint tenants and all the joint tenants are bound by the order of rent controller as joint tenancy is one tenancy and not split among different legal heirs.

So, hence after the demise of the lady tenant her legal heirs would be the tenants.

Hope this helps.


Esheta Lunkad

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