Tenancy legal heir
KISHORE KUMAR JOSHI
(Querist) 13 November 2018
This query is : Resolved
Sir,
In Kolkata I have a unmarried lady tenant.
Please let me know after her death who will be her legal heir?
Guest
(Expert) 13 November 2018
She is only your Tenant. Why you are so inquisitive about what will happen after her death. Discuss with your Local Police explaining your intentions.
Adv. Yogen Kakade
(Expert) 13 November 2018
Mention full facts and circumstances behind such query.
Kumar Doab
(Expert) 13 November 2018
The legal heir are in accordance with personal law that applies e.g for; Hindu, Muslims.
Which personal law applies in your case?
Are all involved Hindu?
Confirm!
Kumar Doab
(Expert) 13 November 2018
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Rest relate with facts of the matter on your hands.
Kumar Doab
(Expert) 13 November 2018
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Rest relate with facts of the matter on your hands.
Kumar Doab
(Expert) 13 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g;, Revenue/Civil courts, HC, SC …
You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably specializing in Testamentary Succession/Civil matters.
Your counsel can advise you after examining all related facts/rules/laws/provisions of tenancy laws-Act/precedences/citations .. etc
Generically speaking; The tenancy may devolve upon legal heirs..
In the meantime you may go thru;
Supreme Court of India
M.M.Bilaney & Anr vs Fali Rustomji Kumana on 27 September, 2005
Author: A Mathur
Bench: Arun Kumar, A.K. Mathur
Calcutta High Court
Banwarilal Jalan vs Pramod Kumar Jalan on 4 March, 2011
Author: Bhaskar Bhattacharya
If you are properly informed and can handle the matter of tenancy/succession without Lawyer/Advocate, on your own, go ahead.
You can also attempt to resolve amicably amongst interested parties.
If you wish you can discuss with LCI Experts from Kolkota e.g; Mr. Devajyoti Barman.
P. Venu
(Expert) 14 November 2018
What is the real issue, if any.
