1) if your father terminated tenancy in 2003 why did he not file any eviction suit?

2) on death of tenant the tenancy rights devolve on his legal heirs

3) Section 2(1)(iii) of Delhi rent Act makes provisions regulating right to inherit tenancy in respect of residential premises

4) tenancy right of statutory tenant did not come to end with his death and this right devolved to his legal heirs

5) Section 14 of the Act clearly postulates that despite the termination of the tenancy and notwithstanding the provisions of any other law which might have been applicable on the termination of the contractual tenancy, protection against eviction is applicable to every tenant as defined and no order or decree for eviction will be passed against a tenant unless any ground which entitles the landlord go get an order or decree for possession specified in the Act is established

6) you can file eviction suit for eviction on any of the grounds recognised under the rent act

If the tenancy was terminated in the year 2003, what made him to stay back till his death.

If he remained in the premises without any authority then it was an illegal stay therefore his heirs cannot claim rights in it.

You can refuse to extend or renew the lease or rental agreement.

You can issue notice instructing them to vacate and handover vacant possession.

You can file an eviction suit also.

section 5 of delhi rent act provides that tenancy rights shall be inheritable for period of 10 years on spouse, son and daughter , DIL , parents provided they have been staying with tenant and were dependent upon the tenant

2) however if legal heir was staying with deceased tenant but was not dependent upon him the protection is available for period of one year only

3) non employed son can claim financial dependency on his mother

4) other family members can stay with the unemployed son

5) employed children cannot claim succession after expiry of period of one year

SC has held that tenancy rights cannot be inherited, and that a tenancy contract ends with the tenant’s death. Once it was held that the tenant’s son had not inherited the tenancy, other issues became immaterial, it held.

As in the Act the tenancy is heritable for a limited period subject to the legal representatives satisfying the condition.

If the son is dependent then he is not entitled to inheritance of the tenancy. Even otherwise, his right has to be only for a period of one year from the date of the death of the tenant.

Admittedly when the wife was not carrying on business along with the deceased tenant, she is not entitled to inherit tenancy right.