Varasdar can refusevto come in cluth of court
Querist :
Anonymous
(Querist) 14 April 2023
This query is : Resolved
i am having accommodation in my mother's name We all sisters & brothers are varadaar after her death
the land has filed a suit against us for evacuation from the tenement
he is not ready to accept a change of the name of accommodation in my although all the vgaradar ar not intrested in any way to have any share in this rental accommodation.
Now when someone dies, his success is brighytundrtr This case is under force whereas they are not willing & having any interest in this nacoompdation. all of them are staying away after their marriage
I have been staying with my mother since birth & i was with her when she died I have no orytheraccpomodation & i am styinmgbwith my family ta my present acceptation
Pleseac advise me on how i dsho;d nsytop mythis niligal madmiting the NOb interested vara dar They are ready to give up tenancy right willinglky
] What is the best remedy as they arev all abobe 75+ including mne & is very much problematic & a lot of constraints to fulfill all such procedures
Regards'A A Ghaisas
T. Kalaiselvan, Advocate
(Expert) 15 April 2023
Under Hindu Succession Act the heirs of the deceased tenant are entitled to succeed, not only to his business, but also to his tenancy rights under the Rent Act which protects the heirs from ejectment except in accordance with that Act.
The legal heirs of the deceased tenant can occupy the rented property for a maximum period of five years after the death of the deceased tenant.
The general law of tenancy says that tenancy does not terminate on the death of landlord until legal heirs issue a notice as per the tenancy Act of the State or u/s 106 of Transfer of Property Act.
The pagdi system was legalised by the Maharashtra Rent Control Act, 1999. Generally, upon the death of a pagdi tenant, the tenancy rights are transferred to the legal heir/s who were living in the flat when the tenant died, by asking the landlord to issue the new rent receipts in the heir/s name/s
According to Section 7 (15) (d) of the Maharashtra Rent Control Act, 1999, a relative of the deceased occupier staying with them will be qualified first from the family to inherit the tenancy. When a present pagdi occupant is died, the tenure freedoms must be transferred to the lawful successor (s).
P. Venu
(Expert) 16 April 2023
Facts posted lack clarity; however, it appears that the tenancy is covered by pagdi system in Maharashtra. If so, heirs of the deceased tenant also falls within the definition of tenant as provided under Section 7(15)(d) of the Maharashtra Rent Control Act, 1999 -
15) "tenant" means any person by whom or on whose account rent is payable for any
premises and includes,-
(a) such person,-
(i) who is a tenant, or
(ii) who is a deemed tenant, or
(iii) who is a sub-tenant as permitted under a contract or by the permission or consent of
the landlord, or
(iv) who has derived title under a tenant, or
(v) to whom interest in premises has been assigned or transferred as permitted,
by virtue of, or under the provisions of, any of the repealed Acts;
(b) a person who is deemed to be a tenant under section 25;
(c) a person to whom interest in premises has been assigned or transferred as permitted
under section 26;
(d) in relation to any premises, when the tenant dies, whether the death occurred before or
after the commencement of this Act, any member of the tenant's family, who,-
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for
any such purpose, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.
Explanation-- The provisions of this clause for transmission of tenancy shall not be
restricted to the death of the original tenant, but shall apply even on the death of any
subsequent tenant, who becomes tenant under these provisions on the death of the last
preceding tenant
