My elder brother made an agreement with tenant ( where no period of validity is mentioned) for lease of two rooms for commercial purposes,which is situated in his residencial house.The agreement is unregistered but notarised.The agreement is witnessed by his wife,and two daughters.The agreement is made in Jan 2018.One point in there is if the tenant will transfer to third party my brother will get 20% of advance taken from 3rd party and the tenant will get the balance 80%.Now my brother is expired on March 19.
The property is in village Dhatrigram,West Bengal
My question, whether my borother's wife can cancel the agreement and evict the tenant ?
Pl advice how we can proceed and on what ground we can win /loose?
Asked 12 months ago in Property Law
My elder brother expired on March 2019.
He made an agreement on stamp paper of Rs.10 with owner as a tenant in a shop room in Dhatrigram Village on 18/09/2001.The owner have five tenants in the ground floor of said building and they reside on 1st floor of the said building. The agreement was not registered nor notarised.The owner is also died.In agreement it was mentioned that in the absense of my brother(that is tenant ) legal heir of my brother can do businesses in that room .One termination clause is if rent is due more then three months the owner can evict without any notice.
.Now sons of owner refuses to give rent receipt to brother's wife.She has one married daughter and one unmarried daughter.She has been suffering from one hand paralysis from brain stroke.
We have sent rent from April 19 to June 19 by money order in favour of youngest son of the owner but he did not receive the same.Now my question is whether the owner can evict the room with help of law or my brother's wife can continue business with the help of law and what is the process?Pl advise
Asked 8 months ago