Legal Question in Landlord & Tenant Law in India

We had a tennant who died and whose wife inherited the tennancy.She has two sons,both of whom are well established and do not live with her and are neither dependent on her. After she dies can they claim succession to the tennancy?

Asked on 7/23/13, 10:13 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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Dear Sir / Madam,

The landlord-tenant relationship has ceased to exist since 1985 and has been replaced by the Licensor-Licensee Agreement for Leave and License (ALL) of fixed time duration ranging from 11 months to 3 years. A clause in the ALL clearly states that "No form of tenancy or sub-tenancy is created or is intended to be created."

In your case, if your tenancy existed prior to 1985 till date, the decision solely rests on the house owner (landlord) whether he / she agrees to recognize the claim.


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Answered on 7/23/13, 11:10 pm

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