I have 147 sqft shop which is a part of my 4 storeyed house in city area of Ahmedabad, now this shop is occupied by tenants before 1970 when we purchased the property. So now their legal heir are deemed tenant or tenancy is can not transferred to legal heirs?
After the demise of tenant, his legal representative occupying the premises becomes tenant of landlord.
Under Section 3 (11) (c) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 after death of tenant, his legal representative becomes tenant of landlord.
Dear Client,
Therefore, despite the termination of the tenancy, the tenancy rights are heritable and the heirs of the tenant are entitled to enjoy the protection of the Act.After death of tenant, the family of tenant will get right over property according to Supreme Court.Family of the deceased tenant cannot vacate the house. After the demise of the occupant, his family can remain in the house.Irrespective of duration of stay the tenant can never claim extra rights merely because he is staying therein for many years. If the tenant refuses to vacate the property only option left with you is to file a suit for eviction. The tenant can refuse to vacate even if you enter into an agreement for tenancy.Deemed tenancy means tenancy which is implied. It is also known as tenancy by holding over. According to the Transfer of Property Act 1882, these circumstances would lead to tenancy by holding over: The lessee or underlessee of a property remains in possession after the determination of the lease granted by the lessor.
Thanks & Regards
On demise of tenant his legal heirs would be deemed tenants
Tenancy is not inheritable by law. The legal heirs have to execute a separate tenancy agreement.
There is no such thing as deemed heritable tenancy. Give him an eviction notice.
It's not heritable only if during the death of the tenant the legal heir who was with him can claim legal rights in the same
- As per Supreme Court, under Hindu Succession Act , the heirs of the deceased tenant are entitled to succeed, not only to his/her business but also to his/her tenancy rights under the Rent Act which protects the heirs from ejectment except in accordance with that Act.
- Therefore, despite the termination of the tenancy, the tenancy rights are heritable and the heirs of the tenant are entitled to enjoy the protection of the Act.
- Further, the landlord must be informed for the demise of the tenant , and the legal heirs of tenant should enter into a fresh contract with the landlord.
If the original tenant has died and the legal heirs are occupying the leased premises, whether they are paying the monthly rental amount regularly in the capacity of tenants?
If the landlord accepted the monthly rental amount from the legal heirs/legal representatives of the deceased tenant and had not taken any action to evict them from the premises, then it clearly defines that the landlord accepted them as tenants and the landlord tenancy relationship has been proved.
Therefore if at all the landlord has to evict the tenants,m, he may have to initiate action as per due process of law either by latest rent control act or by filing a civil suit for eviction.
03Apr2022 Hello All, I have raised question below yesterday Ques. Is Tenancy Heritable? 8 Answered received with different opinion even some of them are contradictory or some are not related to shop, so which one should I consider correct? Can you please conclude to final and correct answer as per law? Furthermore, I found below Article on judgement on above subject which clearly says that tenancy cannot be transfer to legal heirs . So is there any other judgment passed after that which is opposite of this judgement because it is very old judgment. https://www.dnaindia.com/india/report-tenancy-ends-when-tenant-dies-sc-4165 Regards Vishal Modi M-[deleted]
This is a public forum where several lawyers would be rendering their opinion based on their interpretation of the provisions of law.
In the practical situation you can take the most suitable opinion as a guidance and proceed with further actions through local lawyer.
As per law the tenancy rights are not inheritable however based on the acceptance of the continuation of tenancy by the legal heirs which can be evidently seen from the monthly rental amount received without objections, it can be construed that the landlord accepted the legal heirs of the deceased tenant as tenants, hence the landlord can take action only by following due process of law.
SC has held It is now well settled that on the death of the original tenant, subject to any provision to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased tenant. The incidence of the tenancy are the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable thereof. That is the position as between the landlord and the heirs of the deceased tenant. In other words, the heirs succeed to the tenancy as joint tenants..
Dear Client,
Kindly do not follow old judgement. Always take latest updated judgement as precedents for it does hold the valid legal ground for the matter.
Thanks & Regards
It's aa given earlier
Judgment your are referring is M.M.Bilaney & Anr vs Fali Rustomji Kumana. In that case facts were different. After the decree of eviction was passed against deceased father, son claimed tenancy. Note the last para of judgement...
"This is a sad commentary on the tenant -landlord relationship. The premises in question was leased out to the father of the respondent in 1939 and the suit was filed for eviction in 1976. But it has not seen the successful end till this date. For the last 30 years the parties have been litigating. More than one generation has passed but still the matter has been locked in the courts. Therefore, in order to put to an end to this litigation specially when the courts below have already taken a view that there is no subsisting tenancy between the appellants and the respondent, we cannot deny the legitimate right of landlord or his successor to the possession of these premises. The respondent is in possession of the premises even after the death of his father in 1984, he shall pay a sum of Rs.50,000/- as compensation to the appellants/ their successor for use and occupation of the premises in question In view of the above discussions, we are of opinion the view taken by learned Single Judge of the High Court of Bombay cannot be sustained. We allow this appeal, set aside the order of the learned Single Judge of the High Court and hold that respondent Fali Rustomji Kumana was not a tenant of the landlords and he was a trespasser and as such, decree of eviction is granted against the respondent Fali Rustomji Kumana. The respondent is granted six months time to vacate the premises in question as he has been occupying the premises in question for a long time. In case, the respondent fails to vacate the premises in question on the expiry of the period of six months from today, then the appellants/ their successor shall be at liberty to get him evicted from the premises in question by executing this decree. No order as to costs."
The general law of inheritability of tenancy rights remain unchanged. Heir of tenant comes tenant after demise of original tenant.