• Eviction

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 5 months ago in Property Law from Ambika kalna, West Bengal
Religion: Hindu

You will have to look into the  agreement as to whether there was any clause mentioning the termination the rent agreement. Also, you will have to provide a proper notice atleast 2 months prior to the termination and then after that your brother wife can evict tenant. 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

Yes the wife on behalf of herself and children being legal heirs of deceased brother can give a months notice period to the tenant for eviction. 

See ground such as requirement for self  or selling can be given. 

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

Yes she can send them a eviction notice and evict them

Prashant Nayak
Advocate, Mumbai
15888 Answers
28 Consultations

4.6 on 5.0

It is necessary to peruse rental agreement entered into by your brother with tenant 

 

2) is there any termination clause ? 

 

3) if your sister in law requires premises for personal use she can issue notice to tenant to vacate premises and if refuses file eviction suit 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

1. In west Bengal the rent agreement need not be registered. A notarised agreement is a valid agreement.

2. AA tenant in West Bengal does not have any right of title over the tenanted property and hence there is no question of transfer of tenancy unless the land lord gives written consent.

3. Now if the land lord or his legal hires requires the space for their own use or for running  a business then can file a suit for eviction before which they need to give an eviction notice.

Devajyoti Barman
Advocate, Kolkata
18424 Answers
261 Consultations

5.0 on 5.0

Your brother's wife can terminate the lease by giving one two months notice.

You can reenter the house .

Or file eviction suit. 

Kallol Majumdar
Advocate, Kolkata
2052 Answers
2 Consultations

5.0 on 5.0

Hi

Need to peruse the T&C of the Agreement before making  any comment.

However, going by the contents of your post, your SIL can issue notice cancelling the Agreement and seek possession of the premises.

In case if the tenant does not honour the notice, she can file suit for eviction of the tenant, ask for arrears of rent (if any) and also demand damages for unauthorized use of premises by Tenant. 

S Srinivasa Prasad
Advocate, Hyderabad
982 Answers
6 Consultations

5.0 on 5.0

Sir,

      Yes she can.

       After demise of her husband, she has full right on property.

      IN rental agreement, if this clause is exists, then she will give notice period to tenants.

     

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes, tenant cannot refuse to vacate a house just because the lease deed does not specify the period for which the premises has been let out.

Issue notice of eviction for bonafide need.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

Yes your brother wife can proceed against tenant as legal representative of her late husband. 

You can win on the ground that the owner dont have any other premises for accommodation so she need the house for personal purpose.

 

Mohit Kapoor
Advocate, Rohtak
5920 Answers
2 Consultations

5.0 on 5.0

Since the owner of the property is dead, the legal heirs can very well initiate action to evict the tenant from the property if he is not willing to vacate.

She can issue a legal notice and then file an eviction suit.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Widow can file declaratory suit that she and her children are deemed tenants on demise of her husband 

Deposit rentals in court as landlord refused to accept it 

 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

If the owner refuses to accept the rent then you may first issue a legal notice to him asking for his bank account details so that the rent can be deposited to his account directly, if he still do not comply with the request made, then you can file a petition before the rent control court seeking permission to deposit the rental amount to court deposit so that the relationship of tenant and landlord remains in tact.

Not paying the rent will be considered as willful default and liable to be evicted.

 

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

She can deposit the rent with the court or rent control authority if the owner refuse to take rent and she can continue having possession of the property.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

your brothers wife can send rent via DD with cover letter through Reg. A.D. and keep proof with her for reference. she can file declaratory suit . 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

No, brother's wife can continue business - let him go to court.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

Yes owner can do the same

Prashant Nayak
Advocate, Mumbai
15888 Answers
28 Consultations

4.6 on 5.0

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