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.
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 4 years ago in Property Law
Religion: Hindu
17 Answers
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.
Yes she can send them a eviction notice and evict them
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
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.
Your brother's wife can terminate the lease by giving one two months notice.
You can reenter the house .
Or file eviction suit.
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.
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.
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.
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.
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.
Rent agreement. 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 4 years ago
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
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.
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.
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 .
No, brother's wife can continue business - let him go to court.
Yes owner can do the same