Tenant cannot be seen by me since august, 2015
SABIR AHMED
(Querist) 02 January 2016
This query is : Resolved
Dear experts,
One of my tenants passed away 15 years back. He is survived by his wife and two sons. After, the original tenant passed away, the bill is being issued in his wife's name. His wife was last seen by me in August, 2015. His wife and his elder son went to Hajj Pilgrimage last year August. His elder son returned back about 1 month. His wife did not return. His sons say that their mother went to her native place Darbhanga, Bihar to settle some property dispute. I asked the elder son that how much does it take to settle a property dispute? The elder son told me her mother came to Kolkata in November, 2015 for a couple of days and again went to Bihar and I was out of station that time. As you experts, informed me earlier thet as per the amended west Bengal premises tenancy act, the tenancy cannot be inherited by the sons after the original tenant's wife's death. All the couriers and mails in the tenant's wife's name are now signed and received by the elder son's wife, who is at home most of the time. I personally think, the sons are hiding some fact about their mother.
What are the guidelines to prove that the tenant's wife is not staying in the rented flat since August, 2015, so that I could file an eviction suit ?
Regards,
Sabir
Guest
(Expert) 02 January 2016
do one thing, lodge a missing person fir in the police station for the wife. this will give you sure information whether the wife is living or dead.
if she is dead, then file eviction suit. if she is alive, tell the court that she is not staying in rented home and she has her own home, so the person living in rented home has no legal status to stay there. evict them out.
Devajyoti Barman
(Expert) 02 January 2016
As pet the amended West Bengal Premises Tenancy Act unlike the early Act the tenancy does not survive on the legal heirs of the original tenant beyond 5 years if the tenancy is not renewed afresh with the legal heirs.
In your case the original tenant died long ago so you can well file eviction suit on that ground along with ground of keeping the tenanted under lock and key.
Adv. Yogen Kakade
(Expert) 02 January 2016
File eviction suit.. appoint a local lawyer for the same.
SABIR AHMED
(Querist) 02 January 2016
Dear Experts,
Many thanks for your valuable advice.
Regards,
Sabir
Rajendra K Goyal
(Expert) 05 January 2016
Agree with the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 09 January 2016
Rightly advised by experts that the tenancy cannot be extended to legal heirs of the deceased tenancy beyond 5 years of the death of the deceased tenant.
Under the given situation, you may first issue a legal notice to the wife of the deceased tenant to vacate the house, let it be returned undelivered, after that you may initiate an eviction suit which will certainly find some response.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2016
1) First of all you say that the tenant was last seen in Aug 2015 so you can not do any thing till expiry of next five years. That too when you can get legal death certificate.
2) Again in the W B Rent act. It says -
Provided that the time-limit of five years shall not apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises.
So after death of husband wife will become legal tenant. But what to do after suppose =wife dies. No provision in the W B act.Even if treated as tenant a new spouse can come in , possibilities are endless.
And so ultimately the matter will be in courts and it may take time.
