Legal heirs should have informed you about death of father requested for transfer of tenancy in their names
2) enclosed death certificate of father
3) you can issue legal notice to his brother to vacate the shop as he has no tenancy rights on ship
Uttar Pradesh Rent Act
My tenant, who has been in occupation of my sop on rent for past 30 years, died last year in 2019. I have neither been informed by his wife or son or daughter about his death, nor have they made any application for transfer of the tenancy in their name. However, tenant's brother continues to occupy the shop, uses it as godown, and despite repeated feelers to get the tenancy transferred in his name by signing a fresh agreement, he has been ducking the question on some or the other grounds. He however is regularly paying rent and on time. Now, what is the correct legal way forward? Should I formally send a communication to provide names and addresses of the legal heirs of the deceased tenant? If he does, can I send eviction notice. If so, what should be the grounds? Please guide me.
Asked 5 years ago in Property Law
Religion: Hindu
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11 Answers
Send him a notice to sign an agreement with you. If he doesn't respond then you may file an eviction suit.
Tge new terms and conditions have to be decided and the rent too.
You on becoming aware of the death of the tenant, send a legal notice to the legal heirs of the deceased tenant to vacate the premises.
After that you can file an eviction suit to evict them for the said reason and also for own use of the shop.
- Since the said shop was given to the deceased tenant , and he was using the same , then after his death it is duty of the legal heirs to inform you for the same., and to enter into a new agreement .
- Hence, now you have a ground for eviction to the legal heirs if any.
- You can send a legal notice for the termination of the tenancy on the said ground , and thereby terminate the tenancy , and ask for handover the possession of the said shop to you.
- If no response then file an eviction petition under the Utter Pradesh Rent Act.
Yes you can send eviction notice and later file eviction suit
Please send notice for eviction procedures upon him for the grounds of damaging premises, immoral act, challenged the authority of land lord and bonafide need of landlord.
As per section 20 (b),(c),( d),( e) and 21 Uttar Pradesh Rent Control Act 1972 .
Section 20 (d) of Uttar Pradesh urban buildings ( Regulations of letting rent and eviction) Act 1972 empowers you to issue legal notice of eviction procedures for using the rented premises for other purposes than was allotted.
Shop to godown is violation of section (d) of 20 of Uttar Pradesh urban buildings (Regulations of letting rent and eviction) Act 1972.
Please swing into action against your deemed tenant and get the premises back to your possession by due process of law.
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File a complaint against them in police for eviction as they are not legally your tenant
Dear Sir/Madam,
You are suggested to serve the legal notice asking the name and addresses of the legal heirs of the deceased tenants and the brother being illegal occupant of the same and the eviction notice for him.
Brother has no right to continue tenancy. It can continue by wife and chilren of deceased tenant.
You can send legal notice of eviction and later can execute fresh rent agreemnt with him.
Legal heirs of the tenant have no right to claim continue in the tenancy.
issue legal notice to the legal heirs of the tenant and ask them to vacate the property. If they refuse to vacate the property then file a suit for eviction in the court.
1. Send legal notice to legal heirs of deceased tenant for transfer of tenancy on name of legal heirs and execute a fresh rent agreement on their name.
2. if they doesnt transfer tenancy rights on their name then send them notice for eviction on ground that tenant on whose name agreement was executed is deceased and his legal heirs are not coming forward for execution of fresh agreement on their name.
