Tenancy
5 years ago
In 1979 my father(a Hindu), had given on rent @300/- a godown to a firm having 4 partners for mfg. and trading in Kolkata. Agreement was signed by all four partners having equal share. In 1982 one partner retired. In 1995 a new MOU was entered, whereby rent increased to 800/- with a clause of 10% increment every 4 years. This agreement was signed by the partner who held 50% share.
In the meantime the partnership firm was converted to proprietorship keeping the name same without informing. The Proprietor of the new firm(not a partner earlier) is the son of the partner who held 50% share in the partnership firm and is still alive. The firm used to pay rent by cheque which my father used to deposit in bank.
In 2013, my father expired. At the time rent was lying unpaid since past 6 months. I have not taken any rent from him after my father’s death.
The property is in the name of my late father. I am the sole legal heir. What should be my legal stand? Can he be evicted?
Rameshwar Dadhe
Responded 5 years ago
First, get the death certificate of your father.
Second apply for legal heir certificate on the basis of death certificate.
Once you get the legal heir certificate from the competent authority/ normally
revenue department of the State Government, you serve a Legal Notice to vacate
your premises including a Statement of Accounts which means what you are to get towards the Rent, Water( if any), Electricity( if any) etc.
Then proceed step by step till you achieve your goal.
Shanti Ranjan Behera
Advocate
Tenant will be always tenant. He overstayed and not paying the rents. You can get issue a legal notice under section 106 of T P Act and proceed to Court.
Anonymous
Replied 5 years ago
Can he be evicted since there had been no agreement with the proprietor of the firm and my father? The Agreement was made between the partnership firm.
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