• What if tenant dies while the case in pending in court?

We rented out a commercial booth in Panchkula,Haryana to a tenant in year 2006 for a period of 5 years executing a registered rent deed.But after 5 years our tenant did not vacate the said premises and we filed a case against him on the grounds of personal needs in the lower court and won the case after 2 years.The tenant filed a case against us in the higher court and won the case.

Then after getting the decision against us in district courts we moved to the Punjab and Haryana High Court for justice and filed a case against him on grounds of personal needs.He was served the summons which he accepted but he never came before the court and died in a accident.

The case is still pending and no person have came before this court nor in neither thorough any advocate. We are clueless what to do in this case.I am old person aging 60 years and need your help for further actions.
Asked 2 months ago in Property Law from Panchkula, Haryana
Religion: Hindu
1) on death of tenant his legal heirs have  to  be imp leaded  as party to the eviction proceedings 

2)  Rajender Kumar Sharma v. Leela Wati & Ors. 155 (2008) Delhi Law Times 383 wherein it is held as under:

"It is also settled law that when original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenant is occupation of all the joint tenants. It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are living in the property or not. It is sufficient for the landlord to implead only those persons who are living in the property, as party. There may be a case where landlord is not aware of all the legal heirs of deceased tenant and impleading only those LRs who are in occupation of the property is sufficient for the purpose of filing Eviction Petition. An eviction petition against one of the joint tenants is an Eviction Petition against all the joint tenants and all joint tenants are bound by order of the Rent Controller as joint tenancy is one tenancy and is not a tenancy split into different legal heirs. Thus, the plea of the tenants on this count must fail."
Ajay Sethi
Advocate, Mumbai
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take out chamber summons for impleading legal heirs as party to eviction suit

2) once they are added as party in case you obtain decree you can evict the legal heirs 
Ajay Sethi
Advocate, Mumbai
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you have to implead tenant wife and children 

2) disposal of suit would depend upon number of pending cases
Ajay Sethi
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1. If the original tenant's legal heirs are in possession of the leased premises the summons of the HC can be served on them and the revision petition can be prosecuted against them. Tenancy is inheritable by the heirs of the original tenant.

2. If despite the service of summons the heirs of the original tenant do not come to HC or they evade the summons the HC can proceed ex parte against them

3. The legal heirs are his widow and children. 

4. The landlord has the right to evict the tenant for the sale of the property. 
Ashish Davessar
Advocate, Jaipur
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The case is still pending and no person have came before this court nor in neither thorough any advocate. We are clueless what to do in this case.I am old person aging 60 years and need your help for further actions

You can produce the death certificate or authentic information about his death and can inform that the whereabouts of his legal heirs or LRs is not traceable and seek court's permission to initiate steps to issue notice to the legal heirs or successors in interest through newspaper publication for proceeding further in this matter. 
You can discuss with your advocate on all such further issues.
T Kalaiselvan
Advocate, Vellore
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Can we serve a notice to the legal heir of our deceased tenant,because no one is coming on his behalf in the court. In case there is one sided decision in our favour,will we be able to take possession of the said premises in absence of the tenant.

You cannot send a legal notice to the legal heirs of the deceased on your own, you can initiate this process through court only. 
If you are getting an exparte decision, hen you may initiate execution proceedings as per the judgment of lower court which shall be mentioned in the decision of high court in the present appeal.
T Kalaiselvan
Advocate, Vellore
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Who will be the legal heir of the deceased tenant in case his children are minor. What legal rights the legal heir of the tenant will have on the rented property and how much time such cases last in the high court?
Is selling of  rented property by landlord for personal use (say buying a house in place of said booth) a ground for early eviction.

The mother shall be the guardian and next friend of the minor legal heirs of the deceased tenant.
Since this is a rental subject the legal heirs may not have tenancy rights but as legal heirs of the litigant they can fight in the court on the interest of the deceased. 
During the pendency of the litigation selling the of the disputed property shall be illegal and invalid
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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