What stage the case is at? Has leave to defend been granted? If yes, has the tenant filed his written statement? Have the heirs filed an application for bringing themselves on record?

Implead the legal heirs as party immediately and proceed with the case.

1) legal heirs can claim tenancy rights on demise of tenant 

2) on demise of tenant legal heirs residing with tenant would  be regarded as deemed tenants 

Legal heirs can claim tenancy rights 

In a non residential property the heirs of the tenant after his death will fall under the definition of tenant automatically as per the definition of tenant under section 3 of the rent control act. You can always claim that now he is no more so you should get the shop but this is the correct legal position.

However if the tenant had filed a defence and claimed the property for his own use it will be of benefit to you and fortify your case since now he has expired and his heirs can't come and say that now we need it for our own use since they are bound by the statement of the predecessor. So your need will prevail over his need which is the essence of a case which is filed for Bonafide need.

Yes,Definitely legal heirs have rights to claim tenancy rights on behalf of parents, children and all blood relative in same class.

We can't escape their legal rights because of provisions of law and enforcement agencies protecting them under the law. 

They may make application for bringing legal heirs in Court proceedings in due course. Please wait for 8 to 10 weeks at least till  COVID-19 pandemic situations Worldwide becomes normal otherwise all order if challenged will be reversed and suit will be restored for fresh hearing and trial.

Dear Mr. Sethi,

According to Section 2(l)(III) of the Delhi Rent Control Act, a "tenant" includes his legal heirs, and according to laws of succession, the tenancy automatically devolves upon the legal heirs. 

Moreover, the Hon'ble Superme  Court in case of Smt. Gyan Devi Anand vs. Jeevan Kumar AIR 1988 Supreme Court 796 has held that the tenancy in respect of commercial property is also inheritable and devolves upon the legal heirs in case of death of statutory tenant and those legal heirs are also entitled to the same protection under the DRC Act which are available to the original tenant.

Therefore, as of now the legal heirs would be entitled to step into the shoes of the deceased and defend their right to continue in that shop. The tenancy has not terminated automatically due to the death. 

Hope this answer helps.

Best wishes. 

On 26th October 2010 ,Delhi High Court has ruled in favor of tenants that commercial tenancy rights is inheritable by legal heirs of deceased. 

Therefore, in your interest and convenient, Please wait for some time for the due process of law. 

The Rent Act differs in every state. Check yours.

In almost all cases family members are substituted as tenancy is inheritable rights. 

However in some states like WB this is for 5 years only. 

So talk to your advocate on this issue. 

Check the written statement for any admissions in your favour like stated earlier. They will bolster your case. Secondly you being the plaintiff are eventually responsible for bringing the legal heirs on record if they are not doing so on their own.

Then you file an application to bring legal heirs of the tenant on record.

Hello,

1. The legal heirs of the deceased tenant can bring themselves on record and continue in the litigation if they choose to. As the matter is pending before the court, the heirs cannot claim any rights at present
2. In case they fail to join party to the ongoing litigation will conclude on basis of what is before the court.

Yes the Legal hires can claim tenancy if they are involved in the business or handling the same in the commercial shop.

Their lawyer is bound to file an application for bringing the legal hiers on record else the case will be decided ex-Parte. 

The legal heirs having interest in the case can very well proceed with the case by impleading themselves ad LRs of the deceased defendant 

They cannot clai.

It's the duty of the petitioner to take suitable action to bring the LRs on record. 

The LRs have to file a memo through their advocate intimating the death of the respondent. 

Dear Mr Sethi,

There is always a provision of inpleadment of legal Heirs in a suit. 

Kindly check the limitation act in which you shall come to know the time granted for inpleadment.

- As per law, when original tenant dies, the legal heirs inherit the tenancy as joint tenants. 

- Further , the occupation of one of the tenant is occupation of all the joint tenants.

- Further , it is not necessary for you being landlord to implead all the legal heirs of the deceased tenant .

- As per the Article 120 of the Limitation Act, 1963 , the limitation period of moving application for the substitution of the legal heirs is 90 days from the date of death .

Legal heirs can only claim if they were staying with the said tenant. Otherwise they can only claim if tenant wins the said suit. 

when original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenant is occupation of all the joint tenants. 

if heirs not appear, the Court may proceed ex parte against the tenant and pass an ex parte decree. 

Yes legal heirs of tenant can claim tenancy of property after his death.

If there is an agreement then yes they may claim tenancy rights over the property.

If they are not contesting the suit then you my file an application for deciding the suit ex parte as the tenant has died and others are not interested.

Yes, legal heirs are always entitled to inherit the tenancy right .