Hi, he cant took a such a defense before the court, it is only defense, it would not hold any water....... you will get possession but you have to follow the due process of law.
Possession of rented shop
my grand father rented two shops to a person in 1974 for a year in writing. He along with his brother's son worked there until he died(without any issue) in 1975 but his nephew keep on working in a shop after that.
My grand father died in 1986. In 1994 due to our family division these shop fell under my father part. Now we have filed a suit against that person'nephew for possession of both shops. under the grounds of sub tanent and personal necessity as one shop is closed for 8-9 years with roof fallen down. He has replied on the grounds of inheritance of tanancy rights.
sir , my question is that can a nephew inherit tanancy rights. pls suggest.Asked 10 years ago in Property Law
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3 Answers
was he staying with the tenant?
Legal heir of a person cannot inherit the tenancy of the latter in case of his death if the heir was not living with the latter at the time of the death.
The Gujarat High Court has held this recently while deciding a tenancy dispute between two persons for a residential property in a posh locality of Ellisbridge in Ahmedabad.
The property in question is situated at Bharti Co-operative Housing Society Limited, in front of Nagari Hospital. The parties involved in the dispute have been identified as Jagdish Bhatt, the owner of the property, and Nilesh Patel, nephew of one Mani Patel who was tenant of the property.
Mani and his wife, Kashi, were tenants for years at the monthly rent of Rs 23. The couple was already indulged in a legal fight with the property owners.
And in one such civil suit, Ahmedabad Civil Court had issued injunction to Mani against passing on his tenancy rights to his brother, Vithal, or his nephew, Nilesh.
However, after their death — first Kashi in 1975 and then Mani in 1986 — the issue of the inheritance of their tenancy rights cropped up, as the couple had no child.
Nilesh claimed legal rights to the tenancy under the provisions of the Bombay Rent Act, stating he was his only heir. However, the court and the appellate court had turned down his claim of tenancy rights, and ordered him to handover the possession of the property to Bhatt.
Following this, Nilesh approached the High Court with a revision petition.
He had claimed the inheritance contending that he was living with Mani only and produced certain letters sent to him by his customers to his address at the disputed property.
Though, Bhatt's lawyers had argued that Nilesh was staying at Navsari and the address of the disputed property was given to his customers to facilitate them and so, it cannot be considered as a conclusive evidence that he was living at the property when Mani died.
The tenant can take any ground in his reply. It is for the court to decide whether the ground taken by the tenant for continuing in the shop is legally valid or not. Since you have claimed that your nephew is a sub-tenant he will have to prove that he is not one, regardless of whether or not he has inherited the rights of his uncle on the latter's death in 1975. If the court holds him to be a sub-tenant he will have to leave the shop even if he has validly inherited the shop from his uncle.
