West bengal tenancy act
Malabika Basu
(Querist) 03 December 2012
This query is : Resolved
Malabika Basu
Posted on November 30, 2011 at 11:15 am
My Father-in-Law is the original tenant for over 40 years and he is occupying a 600 Sqft flat in South Kolkata Area. My Mother-in-law died 9 years ago. My husband is the only son and we are staying with him. We are paying rent as per West Bengal New Tenancy Act and the rent bill is in the name of my father-in-law. Now I would like to know – after death of my father-in-law whether we have any legal right to stay upto five years in that flat ? If yes, then in whose name the rent bill will be issued by the landlady ? or, if the landlady wants can she evict us immediately after the death of my father-in-law? What will be the basis of rent which we have to pay (will it be on the basis of old rent which is my father-in-law is paying ) or landlady can force us to pay new rent ? Please help me by answering my queries. Thank you.
Raj Kumar Makkad
(Expert) 03 December 2012
Even if your father in law has died, the the right of tenancy shall be inherited in favour of your husband as he is the only legal heir of your deceased father in law. The landlady neither evict you nor can enhance the rent on the basis of death of your father in law. The tenancy shall go on as if your husband is the original tenant.
