Vacate rented shop room

send him a legal notice that his tenancy had ended and he is suppose to vacate the shop within fifteen days.once the legal notice is served his tenancy is on day to day basis and if he is still not vacating you can file an eviction suit against him in the court

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    send him a legal notice that his tenancy had ended and he is suppose to vacate the shop within fifteen days.once the legal notice is served his tenancy is on day to day basis and if he is still not vacating you can file an eviction suit against him in the court</p>
 

Sir,

It depends on the terms of the agreement. However please note that the recent Maharashtra Rent Control Act, which protects the Licensor from the Licensee, came in force in 1999. Hence the agreement which was made in 1998 does not get protection. Further you have continued to accept the rent from the lady occupier till her death this may go against your claim.

On the death of the original occupier, the son may opt for deemed tenancy of the premises. Please therefore immediately consult a local lawyer and take precautionery measures to protect your rights.

Good Luck,

Kishor Mehta

You have not mentioned what is the rent of the shop.  Depending upon the rent it is decided that in which court the case has to be file whether rent control court or civil court. 

Assuming that your rent is above Rs. 3,500/- it will come under civil court.  You have to give your tenant (son of original tenant) a legal notice (quit notice)  under section 106 of Transfer of Property Act (T.P. Act) terminating his tenancy. claiming mesne profits, arrears of rent etc.  If there is no response you have to file a civil court under T.P. Act  praying the above reliefs.  Mesne profits means illegal possession (i.e. from the date of termination till handing over of possession to you).

Upon the death of the original tenant, the legal heirs can renew the agreement within 5 years, if the successor has not renewed, the owner may instruct him to vacate the premises. However the renewaql may also depend on the circumstance. Consult a lawyer and issue a notice to vacate the premise subsequent to which you may file an eviction suit.

Thank you very much all for your valuable advice.

I would also like to inform that the property is in Kolkata, West Bengal.

Now Rent is : Rs. 250.

I should mention these informations earlier. I am sorry.