DRCA 1995, Sec 5 inheritability of tenancy, sub sec 3 (i)
08-Aug-2023 (In Landlord/Tenant Law)
I want to know that according to section 5 sub sec 3 (i) of DRCA 1995, the landlord can get the commercial property vacated within one year if tenant was single/individual & there was no spouse no child nor anyone. But is this above stated section applied for residential property also if no, so what to do now
Hi
I’m case your tenant is not vacating the premises. You first need to send an eviction notice. If he/she does not vacate the premise then also. You will need to file an eviction suit. Feel free to get in touch to discuss further.
Regards
Adv. Abhinav Sharma
I’m case your tenant is not vacating the premises. You first need to send an eviction notice. If he/she does not vacate the premise then also. You will need to file an eviction suit. Feel free to get in touch to discuss further.
Regards
Adv. Abhinav Sharma
Hi, Section 5(3)(i) clearly carves out an exception to inheritability and states that inheritability in terms of Section 5(1) and (2) will not be applicable to non-residential premises. A reading of this makes it clear that the exception contained in section 5(3) is not applicable to residential premises.
Also please take note that the provisions of the Rent Control Act are only attracted if the monthly rent of the premises exceeds Rs 3500, in which case the relevant provisions of the Transfer of Property Act shall apply.
Please feel free to contact me for further assistance.
Also please take note that the provisions of the Rent Control Act are only attracted if the monthly rent of the premises exceeds Rs 3500, in which case the relevant provisions of the Transfer of Property Act shall apply.
Please feel free to contact me for further assistance.
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