Mr Sreejit (seek4sridhar@yahoo.com) 22 March 2011

tenant deceased, but still occupied by tenant's relatives, p

Dear All,

I am the sole beneficiery of my father's will. One such property of the will is a rented godown, which is under rent agreement between my late father and the tenant. The tenant passed away more than 18 months back and the rented property is being occupied by the niece of the tenant.

The niece approached me many times to accept rent for the period pertaining to post tenants deach, whiuch I denied. However there is no written correspondence of his offer of rent and my denial.

Please suggest me the simplest way to evict the illegal tenant. Also I am in need of the rented property for my own use. The property is in west bengal and the rent fetched is a negligible Rs. 125.00 per month.

(Name Omitted)

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4 Replies

M.Sheik Mohammed Ali (advocate) 22 March 2011

whats your agreement said i dont know but practical life no one not allowed subleting so as per your query just like, so immediatly file a petition remove from your permises, and one more the agreement also expired and concern person also death, you ask for your own use occupation of permission

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 22 March 2011

It depends on the rent act of your State, but under all rent acts you can not evict the said tenant and non acceptance of rent will of no help. If the rent reciept is not changed it is criminal offense.

Mr Sreejit (seek4sridhar@yahoo.com) 22 March 2011

Thanks for ur reply. Under which section/act I have to file petition. Pls reply

Mr Sreejit (seek4sridhar@yahoo.com) 22 March 2011

But in this case the person occupying my property is a stranger to the contract and also the contract is of rent between two persons at there is no transfer of interest conferred on the tenant, whereas the transfer of interest of the owner is that of succession which is secured a will which is probated. Pls clarify if i can evict the occupant as illegal and tresspassing one.