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Kumar Kumar (owner)     02 September 2012

Can a landlord evict legal heir of tenant or increase rent

Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One tenant ( lady) has expired few years back. She has 3 sons of which one of them is now staying. We get as little as 100 rupees for a 210 sq ft flat they have. 

Since the lady was the tenant, we have been issuing rent receipts under her name even after her death.. 

I want to ask 2 questions:

a) Can we evict the legal heir as there has been no transfer done on rent receipt ( we had asked the son but he was not wanting to do any trf few years back and so it has continued this way as receipt in name of lady who is now no more)

b) if we cannot evict, can we at least  demand current market rate and agreement for rent. 

 

Please do respond sir/madam. 



Learning

 2 Replies

MohammedRaffiq Bijapur (Advocate)     02 September 2012

Under rent act landlord has right to evict the tenant under various circumstance, such as premises require for personal bonafide use or if the tenant has become defaulter etc, so consult local Advocate. Remedy is available.

Manish (Proprietor)     03 September 2012

No you cannot of the basis of your query.


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