Can tenancy be divided?

Querist : Anonymous (Querist) 27 November 2011 This query is : Resolved
A tenant died leaving behind three sons. Two of the sons surrendered their tenancy and moved away. One son remains and
claims tenancy for entire premises.
Does a tenancy survive when some co-tenants surrender the tenancy?
Is the remaining son entitled to tenancy of the whole premises or just
one-third?

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Devajyoti Barman (Expert) 27 November 2011
Where does the suit property situate?
In WB , with the death of the landlord the tenancy succeeds to the legal heirs or any of them.

M/s. Y-not legal services (Expert) 28 November 2011
no., the single tenant can not claim tenancy over the entire premises.,

even without knowing the fact i cant suggest you confidently..

Raj Kumar Makkad (Expert) 28 November 2011
Even one of the legal heirs of the deceased tenant can retain right of tenancy for the whole portion under his predecessor in interest and it cannot be divided as suggested.