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Can tenancy be inherited from father to son
03-Mar-2023 (In Property Law)
My father owned a house in which we lived with my mother .He died in 2011 and a few years later in 2016 we requested the landlord to transfer tenancy in his Son"s Name.However the Landlord refused.Guide me to any possible remedy as per Indian law. I am Muslim by Religion.
by virtue of the provision contained in Section 2 (g) of the West Bengal Premises Tenancy Act, 1997 till the expiry of 5 years from the date of death of their father who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependent on him and who do not own or occupy any residential premises
Provided that the time-limit of five years shall not apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises, Provided further that the son, daughter parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant in the said premises up to the date of death of the tenant as a member of his family and was dependent on him and who does not own or occupy any residential premises, shall have a right of preference for tenancy in a fresh agreement in respect of such premises 1[on condition of payment of fair rent]. This proviso shall apply mutatis mutandis to premises let out for non residential purpose.
Provided that the time-limit of five years shall not apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises, Provided further that the son, daughter parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant in the said premises up to the date of death of the tenant as a member of his family and was dependent on him and who does not own or occupy any residential premises, shall have a right of preference for tenancy in a fresh agreement in respect of such premises 1[on condition of payment of fair rent]. This proviso shall apply mutatis mutandis to premises let out for non residential purpose.
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Adv. Shailendra Jain
Kolkata | 25+ Answers
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A tenant can not be an owner of a property. Inheritance of tenancy right can't be applicable in your case.Your father could have transfer the tenancy right in your favour when he was alive.However, within five years of the death the tenant, the occupant can ask the landlord to effect tenancy right in his name subject to adherence to relevant legal norms.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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