Issue legal notice to son to vacate the premises 

if he refuses file suit for eviction 

- As per law , being the legal heirs of the deceased tenant  , he having his right to run his business from the said shop.

- Further , as there is no agreement between you , then the tenancy will be considered as month to month basis , and the said tenant cannot stop to pay any months rent , otherwise you will have your right to evict him legally.

- Further, if you wanted to use this shop for your personal needs then you can evict him on the ground of bonafide requirement . 

- Send a legal notice to terminate his tenancy , and if no response then file an eviction suit against him. 

Dear Sir, 

1) If one party passes away during the lease term, , the rights and responsibilities of the deceased pass on to their legal heirs.

2) A landlord should have a valid reason if he wants to evict a tenant. The reason could be wrongdoing as prescribed by the Rent Control Act and Indian law, including terrorism or crime against the state. However, without any reason, the agreement is valid till the end of the time period mentioned

Thank You

If there is no agreement between the son of the deceased tenant and you,then the son can be termed to be an illegal occupant or illegal trespasser. 

If he is not agreeing to vacate then you issue a notice to him to vacate the premise and deliver vacant possession within a time stipulated in the notice, failing which you can file a suit to eject him from the premise on the grounds that he is an illegal occupant in the premises and he is not entitled to tenancy inheritance rights especially the original agreement with the deceased owner has expired as on date. 

Failing to abide by the instructions contained in the legal notice, you may even approach the senior citizen's welfare tribunal to evict him from the property as per law. 

You can send him eviction notice and if not evicted file eviction suit 

An eviction notice must be given to him and if he doesn't respond and vacate the premises then file an eviction suit against him. 

You may also take the help of the police to evict him.

1. the legal heir of the deceased tenant is a protected tenant under the state rent act

2. he just cannot be evicted like that without any legal grounds for eviction just because his father died

3. why do you need this shop?

4. do you have any bonafide requirement for this shop?

5. has the legal heir of the deceased tenant defaulted in any of the tenancy terms like payment of rent, etc.

6. unless you have a valid legal ground for evicting the son, you cannot simply seek his eviction on the demise of the original tenant 

You can file suit for  eviction for non payment of rentals 

disposal of suit may take time on account t of pendency of cases in small causes court 

The default in rental payment,  unauthorized occupant,  illegal trespass  and your decision to sell the entire property are some of the strong reasons that you can rely upon to get a favorable judgment in the proposed eviction suit. 

Less chance of stay. Even if granted will get vacated early. 

The court will take that into consideration ie you selling the house and moving elsewhere.

Rather you should take possession of the premises by use of force and evict him.

1. arrears of monthly rent is one of the grounds for eviction

2. but you need to check with your State's act as to the period for which such rent remains outstanding

3. for instance in Maharashtra if the tenant does not pay the rent for 6 months and above then the landlord gets a ground to evict the tenant by filing an eviction suit

4. if you wish to sell the property then the legal heir of the deceased tenant occupying the shop will not come in your way

5. you can always sell the property alongwith the tenant

6. the new buyer/landlord can then deal with the tenant

7. filing an eviction suit and for it to reach final decision will take many years. Plus you need to account for the appeal periods as well. 

8. i would suggest you try and settle the legal heir of the tenant by paying him some lump sum and take the possession. If it works out then good for you

Dear Sir

Non-payment of rent is indeed a valid grounds to evict the tenant.

So even if the stay is granted by the court, eventually the ruling will be in your favour.

However these cases could drag on for a while, so you could also consider settling the matter outside of court with a compromise.

Thank you

- If the said son of deceased tenant is not paying rent more than 3 months , then you can file an eviction petition on this ground .

- Further, in that petition you should not accept that legally he is a tenant and his position is just like a trespasser in the absence of any agreement and information to the landlord.