The west bengal tenancy act 1997
Nitin Salarpuria
(Querist) 13 June 2012
This query is : Resolved
Dear Sir/Madam
My Tenant died on 10/11/1992 living behind him wife and 4 sons who were residing with him at the time of his death with the family .The age of the wife at the time of the death was 51years and three independent sons aged were 27,25 and 22 and 4th son was a minor of age 14 on the date of tenants death .
The deceased tenant's wife wrote a letter on 16/03/1993 informing me that she will like to continue the tenancy in her name and as such rent receipts to be issued in her name .
On receipt of her request I wrote a letter on 18th March 1993 asking her number of legal heirs their name and age and for succession certificate for my consideration .
In reply to my above letter on 25th April 1993 she informed me the name of the legal heir and their age & succession certificate that it will take time but again in this letter also she requested me to issue rent receipts only in her name .
Again I wrote a letter to her on 6th May 1993 to furnish me a no objection certificate from four otherlegal heirs .
In reply to my above letter I received a letter dated 11th May 1993 signed by her ( spouse of the deceased tenants ) and three other sons claiming that by operation of law all of them have joint tenant in respect of tenancy was held by the deceased and hence question of producing succession certificate does not arise for the purpose of mutating their names .It means they wanted a rent receit in joint names .
In reply to their above letter addressing to all showing my inability to issue a receipt without support of any legal documents & succession certificate .
After receiving my above letter deceased tenants wife ( spouse ) started depositing rent with the rent control office .
After sometimes by mediation of one of his relatives I agreed to issue a receipt in the name of tenants deceased wife ( spouse ) and putting the word "ANS" instead of putting the other four names .
Now from the month of June 2011 to March 2012 I have issued rent receipt only in the name of spouse i.e tenants deceased wife excluding and omitting the word "ANS".Please Note on the back side of the counterfoil of the receipt she has only signed from 1993 upto March 2012
I have not issued the receipt for the month of April & May 2012 since her son has asked me to put the word "ANS" in the rent receipt issued by above period as well as for the currents month receipt .
Now Kindly advice me can I refuse to put the word "ANS" in the receipt and in that case they will start depositing the rent with the rent control office.
From my above action legally what is my status what is good & bad legally & what should be my further legal status.
Please also advice me the difference between the word "Others" and "Anothers "
Devajyoti Barman
(Expert) 13 June 2012
You are obliged to write only whose name whom you treat to be a tenant.
Previously the legal heirs of the original tenant would have become tenant automatically by operation of law.
But after the amendment of this Act in the year 2002 the legal heirs of original tenant is liable for tenancy only for a period of 5 years unless you treat them as tenant.
So act accordingly.
Shonee Kapoor
(Expert) 14 June 2012
Ld. Barman has given the correct advise.
However, the approach of the tenant can not be faulted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
