md anwar (developer) 04 September 2012

Complicated situation

Hi,

I am a residence of kolkata, west bengal. I jointly own a property with my brother since 1970. The room along road side of the property is being given on rent since 1980 for commercial purpose. The tenant of the said room is a doctor and he runs his clinic in it. The rent reciept given to this tenant bears names of both of us i.e me and my brother as we are joint owner of the property. Now, in the year 1985 my borther expired but the rent reciept still bears name of both of us. In the year 2005 i have a dispute over the amount of the rent given by this tenant and ask him to pay more but he did not agreed and deposited the old rent in the rent control which is rs 50. In the year 2010 the joint property was divided between me and my brother,s legal heirs. After dividation of the property this above mentioned tenanted room came under my part of property. In the year 2011 the above tenant died (his wife died erllier to him) and the room is occupied by his son. So I consulted a lawyer for the eviction of this room and discuss the matter with him. One thing I found very strange that the lawyer said since I joinlty own the property till 2010 and the tenant expire in 2011 to file an eviction suite of the said room i will first need to make tenant son as my tenant and ask him to pay the rent. Then i can file an eviction suit other wise the case will collapse.. I am very confused over this matter as why should I make his son a tenant of mine as my motive is to make him evict the room. Please help on this, is the lawyer whom i have consulte is right according to west bengal tenancy act 1997? I really need that room what should i do.

Reply Follow

3 Replies

Anish Thakur 7018812737 (advocate) 04 September 2012

respected querist,

you dnt have any need to make your tenants legal heirs as your tenat for filing a suit for eviction ,you only have to make defendent who was your tenant and to make a plea that he is decesed now and you are in dire need of the suit shop and request the same from the court , making deceased tenants legal heirs as defendents is not possible as per law as it can take many years for the partion and settlement of the property among the legal heirs of the deceased tenant for the property possesed and owned by the deceased tenant including the rented property.kindly consult local legal expert for advise.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 04 September 2012

Dear Md. Anwar,

You need not make the son of your Tenant at this point of time, since he is deemed Tenant of the property upon the death of his parents. However, you have not stated in your query whether an attornment of lease was made in your favour by the original Tenant. Otherwise, the son of Tenant may take a plea that you are not the absolute owner of the property. If such thing happen then there will be problem for you. In case if you are not having Letter of Attornment from original Tenant. Then you are required to obtain a Letter of Attornment from the son of Tenant to make strength for you case. otherwise, it takes very long to prove again that you are owner and he is deemed tenant. I think you Advocate advised the same to you, may be becoz of communication gap again u got this doubt.