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Author Topic: Death of tenant  (Read 679 times)

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Offline khat33b

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Death of tenant
« on: September 02, 2015, 11:18:27 PM »
I live in Kolkata, West Bengal. A 80 year old tenant of mine recently died. His wife and son live in the apartment. How long do I have to wait until I can evict them? We had no contracts or agreements with him, only the rent receipt.

Another is also very old. He has a commercial shop. How long after his death for his shop also?

Offline advdesai

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Re: Death of tenant
« Reply #1 on: September 03, 2015, 04:14:00 AM »
You can send them legal notice for vacating the premises right away.
Incase they don't than file an eviction suit
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Offline adv.amarnath

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Re: Death of tenant
« Reply #2 on: September 03, 2015, 07:25:15 AM »
Advocate Desai you should know the provisions of West Bengal Premises Tenancy Act, 1997 before you advice in open forum.


Considering that your situation does not falls under exceptional clause of W.B.P.T.Act.

As per W.B.P.T. Act, if a tenant died then his survivor/ heirs (son, daughter, widow, divorced daughter) will be allowed to continue the same tenanted portion for next five year. But they can be evicted within the provisions of Section 6 of the W.B.P.T.Act. But this will be only applicable for the tenanted portion using as residential purpose.

For further clarifications and advice, you can contact me.

Regards,

Amarnath Sanyal
Advocate
Alipore Judges' Court
Kolkata, West Bengal
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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