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caps (x)     28 June 2024

Death of tenant not informed & others

two brothers are tenants of two shops in the same building. From longtime the younger brother through an authorization letter to landlord allowed his elder brother to receive the rent receipt after paying rent. From long time his son was running the shop and when asked about his father were told he is being ill. 

But the landlord came to know by accident that perhaps the tenant is dead and that too for long time while none of his family informed about the death and the elder brother kept receiving his rent receipt by signing it without informing the landlord.

My questions regarding this are

1) is it illegal or not  to inform landlord about the death of the tenant by family members while they are using the property?

2) Isn't it fraud to sign & receive rent bill on behalf of a dead person, when the person authorizing is no more?

3)can any legal steps be taken against the elder brother?

4) can any legal steps be taken against the family members for mis-representing the landlord & landlord incurring financial losses ?

5) legal heir has 5yr rights ,should they be treaded as trespasser?

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     28 June 2024

If there was any rental agreement and had been renewed periodically then it becomes the duty of the heirs of tenant to intimate the landlord about the death of the tenant.

2. It is an act of cheating for wrongful gains.

3. The landlord has to ensure if the rental agreement expired or in force.

4. What is the financial loss if the landlord has been receiving the monthly rent regularly?

5. Did you take any action in this regard?

 

Dr. J C Vashista (Advocate )     29 June 2024

What is your locus standi / problem is not clear?

caps (x)     29 June 2024

Thanks a lot for your reply.

1)There are proper rental agreements under WBPT act where there is 5yrs limit for legal heir to enjoy the property unless there is a new agreement.

4) So if it is found that the legal heir enjoying the property for more than 5yrs paying rent in old rate can I claim any financial compensation as new renal agreement if any would have increased the rent & other charges which they denied me by false representation while stili enjoying the property? My question of financial loss was in this regard only.

5) After your kind advise on the legal position as it is , I'm going for it. 

 

T. Kalaiselvan, Advocate (Advocate)     30 June 2024

If the rental agreement was not renewed  or a fresh agreement was not entered into by the legal heirs of the deceased tenant then you can send an eviction notice followed by an eviction suit against the occupants. 


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