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caps (x)     24 November 2021

Legal heir after death of tenant

Tenant of a shop-room died leaving behind wife & mother. Mother died within 6 months. A sister of the tenant got hold of the room. Wife seems have no interest in legal fight with the sister. Sister started to work on shop without any permission. Not taken any rent. Actually rent is due since before the death of tenant. 
It's come under WBP tenancy Act. I have been talking to different advocates to understand the legal position & my rights as landlord.

I'm getting 2 views.
i) using sec 2(g) of WBPT act , for injunction and ejectment suit, as sister is not in anyway legal heir.
ii) using sub-let ground for ejectment.

Btw, some saying eviction suit and other ejectment .what is the difference?

Please advise.
Thanks in advance.



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     25 November 2021

Tenant's sister is not his legal heir,her possession on tenanted premises is illegal and she is unauthorized occupant.Tenant's legal heir

 Is his wife .File eviction petition against tenants wife on ground of sub letting and default in making payments of rent.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 November 2021

for for ejectment suit in local rent control courts. In a suit for eviction, there must be a landlord-tenant relationship. In a suit for ejectment, there is no landlord-tenant relationship. In a suit for ejectment, there is no agreement for rent between the parties to the suit. .

1 Like

Shashi Dhara   25 November 2021

File  eviction  as unauthorised illegal occupation  by them.


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