• Legal rights of a landlord after death of tenant

I am a landlord of a small shop 9 foot.  My tennant expired who was tennant from 50 years. He was alone and has no family members. My every month rent receipt was only in his name.  But now his relatives,his brothers side children's are claiming to be his legal hier. And want me to allow them to continue the business what he was doing. As I want my shop back and I don't want them to continue. Not taken rent from them after his death.  
Now please. Let me know. What are my legal rights in this matter.  As I want my property back. And as keys are with them they now started opening the shop.  Please guide me. Thanks.
Asked 8 months ago in Property Law from Mumbai, Maharashtra
Religion: Sikh
1) on death of  tenant his legal heirs have to make application to landlord for transfer of tenancy in his their name 

2)if you refuse to transfer tenancy rights they would have to obtain court orders for transfer of tenancy in their name 

3) you can file suit for eviction on grounds of bonafide requirement 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Since they are legal heirs, they can claim lease rights. 

You have not mentioned the amount of rent.  If the rent is below Rs. 3,500/-, you have to file a case under Rent Control Act.  If the rent is about Rs.3,500/- you have to file a civil case under Transfer of Property Act. Thus you can evict his legal heirs through court decree.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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Hi, Legal heirs of the tenant have no right to claim continue in the tenancy.

2. Tenancy of the Tenant is  the wills and fancy of the land lord and he can quit and vacate the tenanted property  at any time and tenant has no right to question it.

3. Take the physical possession of the property first, Suppose legal heirs of the tenant has taken the possession of the property then 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. 

4. One more thing don't accept the rent from the tenant. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You have to first issue a notice to the people who are occupying the shop to vacate the same  questioning their legal validity or base as they are not legal heirs to the deceased tenant. 
The legal heirs of the deceased tenant can occupy the rented property for a maximum period of five years after the death of the deceased tenant. 
But these people are not legal heirs at all, 
They cannot get a legal heirship certificate from the revenue department being class II or III legal heirs.
They have to get a succession certificate from a court of law only.  You can file an injunction suit against them restraining them from occupying the shop and to declare the same as illegal.  Dont file an eviction suit, you can seek ejectment due to their illegal possession. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Tenancy rights are inheritable by the legal heirs of the tenant. If you want the shop back then a suit for eviction on the ground of personal need is required to be filed against the heirs of deceased tenant. The arrears of rent can also be recovered from the heirs if they are claiming inheritance. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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you are not bound to give shop to his legal heir but it is commercial property so you have to give 12 months rent as compensation. 

you should give him a legal notice for eviction. thereafter on refusal of it you should file eviction suit before the court of small causes .
Shivendra Pratap Singh
Advocate, Lucknow
2715 Answers
41 Consultations
4.9 on 5.0

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