Tenancy rights
Dharampal Badlani
(Querist) 29 May 2012
This query is : Resolved
i am owner of commercial cum residential property in Kanpur(UP) earlier it was my fathers after his death my family transfered all right to me it was build in 1975 and my father expired in 1994
now one tenant expired and tenancy was in His proprietor ship firm name now please advise me about tenancy rights of his legal heirs in my premises can i take back leagaly possession of that shop
i want to take my shop for my own business
so tell me what can i do in this case
thanks with regards
ajay sethi
(Expert) 29 May 2012
on death of tenant legal heirs will make claim for trasfer of tenancy rights . at that time you make an offer they cant refuse .
you cannot take legal posession of shop . if you want legal posession you ought to have made application for eviction of tenant as you require premises for your own business
Shonee Kapoor
(Expert) 29 May 2012
File for eviction by showing bonafide need.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 29 May 2012
The tenancy devolved on the legal heirs of original tenant, they become what is known as 'statutory tenants' and can be evicted by way of suit for eviction on the grounds of bona fide requirement as per prevailing UP Rent Act.
