See on demise of the owner the legal heirs shall be party to the agreement and the agreement shall bind on them they can seek possession of property by giving notice to tenant in terms of agreement seeking eviction.
We have a property in 22nd Brabourne Road, Kolkatta, West Bengal. We would like to know what is the status of the Tenancy Agreement if the Landlord has died and has legal hiers? Does the death of the landlord make ground for his legal heirs to ask for possession from the tenant?
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See on demise of the owner the legal heirs shall be party to the agreement and the agreement shall bind on them they can seek possession of property by giving notice to tenant in terms of agreement seeking eviction.
Is the tenancy law similar everywhere in the country or does it differ in some places like Brabroune Road, Pollock Street, China Bazar, areas in Kolkatta where Pagdi system is followed and on what grounds can the tenant seek protection from eviction??
Pagdi System isn't a law. The state law would prevail everywhere in state. If the legal hiers are seeking eviction, they have to serve you a notice of a specified period under your lease deed/ Rent deed. if they don't serve you a notice and try to evict you, you can move to court for a RESTRAINING ORDER. this is order the landlords to stay away from the property and follow legal way to eviction.
See if tenant is on pagdi then he cannot be evicted like this.if tenant is regularly paying rent and he is in possession from long time he can seek protection.
In event landlord legal heirs file eviction suit tenant can contest the suit
2) landlord can seek eviction only on on grounds of non payment of rent or structural alterations carried on without landlord consent or for personal use or any other grounds as mentioned in rent act of your state
Dear Sir,
The general law of tenancy says that tenancy does not terminate on the death of landlord until legal heirs issue a notice as per the tenancy Act of the State or u/s 106 of Transfer of Property Act. If legal heirs illegally forcing you to vacate the premises then approach the court and get injunction order against them not to vacate you without recourse to law.
Dear Client,
ON demise of landlord, contract dose not end the and his legal heirs are liable to honor it. tenancy will survive.
The legal heirs of deceased landlord will step into the shoes of the landlord
However they cannot evict the tenant on any filmsy grounds. All the disabilities which applied to the deceased landlord in relation to eviction of tenants, would also equally apply to the legal heirs of the deceased landlord
So the legal heirs cannot evict any tenant without following the due process of law
Please note that a immovable property cannot be without the title holder so in case of death of the landlord the property title is wasted in the hairs of the landlord and the tenancy contracts made by the landlord can also be transferred to the legal hairs and binding but in case the tenancy agreement expires it is of the will of legal hairs to renew it or not.
The similar conditions of pahari system is also followed
1. Tenancy Agreement does NOT lapse or become invalid, on death of the original Land Lord. The Legal Heirs just simply replace the Land Lord, for any & all purposes, subject to eligibility.
2. Tenancy Laws are literally similar all over India AND the Tenants can seek protection from eviction/s, citing genuine reasons /justifications. Anyways, the Legal Heirs of the Land Lord, have to first put themselves on the revenue record in place of the original land-lord, before initiating or demanding eviction, THAT too only after filing proper "eviction suit" in the local civil court, where usually the matter takes 10-20 years to dispose. Till then the Tenants can keep on enjoying possession of their tenanted properties.
Keep Smiling .... Hemant Agarwal
1)The lease will remain in effect, in accordance with its terms, even if ownership of the house is transferred
2) If agreement is expired then legally legal heirs has rights to vacate you.
Legal heirs come on record after the death of land lord. If there is an tenancy agreement and same is expired or rent is not paid then they can ask for possession
It does not vary. He can not ask for eviction.
Is there any rent agreement ? or is it a month to month tenancy ?
Regards
If there is a proper and legally valid rental agreement then the legal heirs may have to wait for the expiration of the rental agreement for taking any step either to renew or instructing you to vacate and deliver vacant possession.