• Effect of tenancy agreement if landlord dies

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?
Asked 5 years ago in Property Law
Religion: Muslim

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18 Answers

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

NO. as the agreement is in place.  The legal hiers have to honour the lease deed/rent deed. 

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

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.

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Death of landlord is no ground to ask tenant to vacate premises taken on rent

Ajay Sethi
Advocate, Mumbai
96932 Answers
7820 Consultations

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 

Ajay Sethi
Advocate, Mumbai
96932 Answers
7820 Consultations

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

Dear Client,

ON demise of landlord, contract dose not end the and his legal heirs are liable to honor it. tenancy will survive.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

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 

Yusuf Rampurawala
Advocate, Mumbai
7679 Answers
79 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is a tenant that agreement, but you would like to know the difference tenancy law if exists as per the jurisdiction or not.
  2. Yes it is true that different states have different tenancy law, but diffference with respect to few sections only, not otherwise.
  3. In Kolkata, if the landlord dies then also legal heirs of the landlord can’t ask for the eviction of the tenancy period has not been expired.
  4. And Pagdi system is totally different than the tenancy law. Tenancy for the shorter period but renewal at the instance of both the parties, and Pagdi is for one one long period and transfer right has also been given to the tenant.
  5. So, if you are on fixed tenancy agreement/ period then no need to worry about anything before the expiry of the same agreement.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

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

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

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 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

1. No, the legal heirs steps into the shoes of landlord 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

It does not vary. He can not ask for eviction.

Is there any rent agreement ? or is it a month to month tenancy ? 

Regards 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87134 Answers
2339 Consultations

Tenancy laws differ from one state to another however mostly it is common for such issues.

Tenancy rights are protected in pagdi system  to some extent

 

T Kalaiselvan
Advocate, Vellore
87134 Answers
2339 Consultations

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