Shekhar 04 March 2019

Distant relative of demised tenant is claiming the ownership

Dear Sir/Madam,

I request your guidance on one of the civil issue.

Background:

In around 1970, Under thika tenancy system, my grand mother was given the authority to collect the rent from all the tenants by the Thekedar. My grandmother and then my mother is maintaining the property, collecting rent and paying the corporation bill from last 59 years.

We had last interaction with the Thekedar in 1980, and after that he passed away and he doesn't have next family to take care of the property or claim the property.

Now, we are facing two issues -

Issue 1: We want to repair and expand the property as it is very old "Tali Bari - only ground floor", and before putting any money, we want to check if there is any law which allow the transfer of property to my mother name in the situation where the Thekedar passed away and his family members are not in touch with us from last 50+ year. So, that we can confidently and safely do the investment. The only legal document we have is the court's paper where my grandmother was given the role of rent receiver.

Issue 2: In the meanwhile, one of our tenant passed away recently. She doesn't have any kids, and one of her distant relative is claiming the ownership of her room. He has forcefully acquired the room, and not ready to leave.

His claim is based on -
1. He signed the death certificate of my tenant.
2. He was taking care of the demise when she was ill.

Now, he is forcing us to collect the rent or else he threatening to deposit the rent in the rent control office, Kolkata. He doesn't have any legal document or agreement in his name.
Even the rent bill was also in the name of the demised lady. Even the demised lady was also not having any agreement except the rent bill. She was very poor and we were allowing her to live there as a goodwill gesture.

It seems his distant relative has got some nexus with the local police, and directly approaching police might not be helpful.

Could you please guide -

1. Does he have any right to claim the room based on above mentioned documents?
2. What should we do to get the room? - If there is any law to support my stand, then can I seek any lawyers assistance to lodge the complain? I have heard that in that situation the case will move to the court and police will lock the room unless a decision is taken by court. Please guide if this can be done.
3. How the rent deposit in rent control can impact us? - Can rent control accept rent from anyone, who want to claim the property unlawfully? Will rent control not ask for any documents to first assess if the tenant has a right to live in the room?

Thanks so much for your time and guidance.

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8 Replies

Shashi Dhara 04 March 2019

U issue legal notice against him to vacate of illegal occupation of room if he denies file suit for eviction don't accept any rent or if he sends money thru m.o. don't take it. Engage local prudent advocate.

1 Like

Suhail suhail (LAWYER) 04 March 2019

SInce you are receiving the rents from a long time and having the authorization to receive the rent as per your statement that means as per the

NEW Tenancy Act of west Bengal ;\

"landlord" includes any person who, for the time being, is receiving, or is entitled to receive, the rent for any premises, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;

Now the question arises about the tenancy rihgts claimed by some distant relative of one of your tenant.

"tenant" means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes any person continuing in possession after termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant or from the date of coming into force of this Act, whichever is later, his spouse, son, daughter, parent and the widow of his predeceased son, who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependent on him and who do not own or occupy any residential premises, and 2 [in respect of premises let out for non-residential purpose his spouse, son, daughter and parent who were ordinarily living with the tenant up to the date of his death as members of his family, and were dependant on him or a person authorised by the tenant who is in possession of such premises] but shall not include any person against whom any decree or order for eviction has been made by a Court of competent jurisdiction: 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,

Now if the person /occupant claiming to be the relative of the tenant can approach to court and deposit the rent with civil judge as per the new rent act.

SInce he is in occupation and he can file for protection of tenancy as he will prove that he was living with tenant till her death and he has signed the death certificate for that pupose. He has planned already to occcupy the premises and he is working as per instructions of some legal expert.

The process is time consuming in the court It is better if you can sort out the matter with him peacefully.

You can file also an eviction suit that will be same way and he will get chance to dposit the rent in court.

It is better you consult some senior lawyer in this reagrd and act sanely to protect your intrests at the best.

1 Like

Shekhar 04 March 2019

Dear Sashi & Bilal,

Thanks so much for your valuable time and guidance.

In this case, the distant relative –

doesn’t belong to – spouse, son, daughter, parent and the widow of his predeceased son category.
Is not dependent on the demised tenant, and already owns two residential properties. He lives somewhere else. He used to come to the property to serve food etc. to the demise.
We allowed him to use the room to complete the death rituals etc.

Does he still have any legal rights as a tenant to occupy the room?

Appreciate, your suggestion.

Thank you in advance.

Suhail suhail (LAWYER) 04 March 2019

If it is so then you can get relief from the court.But dispute his being in your place ,don't let him to stay peacefully in the premises j,it will be time consuming and you have to spend on litigation but in the long run you may succeed .

Just consult a lawyer who is popular in doing such cases.

1 Like

Shekhar 04 March 2019

Thank you for your guidance Sir. I don't have words to explain my gratitude. Individuals like you and Mr. Shashi are great gift to the humanity. God bless you !!!