Legal Question in Landlord & Tenant Law in India

In Kolkata, My grandmother had given a flat on rent to a person. The person demised two years back and subsequently the rent bill was transferred in his wife's name who died a month's back. Now, in her demise, her son wants to occupy that flat.

I as the current Owner of the flat wants to vacate the flat and take possession. I would like to know what law of Kolkata, West Bengal has to offer in doing so.


Asked on 2/16/13, 5:45 pm

4 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

17.02.2013

Dear Sir / Madam,

(Beadon Street, Bankura, West Bengal)

In an Agreement for Leave and License, the Owner can take back the premises given on lease on the expiry of the period of Leave and License. In an old tenancy agreement, the tenancy rights are transferable to the legal heir with the consent of the landlord subject to certain conditions.

The West Bengal Premises Tenancy Bill , 1996, was passed by the State Assembly on 26th November, 1997 after its modification by the Select Committee , making contracts legally binding on tenants beyond certain rent cut-offs.

EVICTION :

1. When the contract expires and is not renewed , tenants should vacate within a month .

2. If a tenant dies, his direct legal heirs living with him or dependent on him can stay on only for five years .

3. Landlord can evict tenant for his own accommodation . Landlord can claim immediate possession if he is a retired government employee of an ex-serviceman .

4. A tenant can be evicted if he fails to pay rent for three months in a year.

5. Subletting or immoral use of premises will invite eviction.

Please follow this link to read it in detail -

http://www.accommodationtimes.com/indian-city/west-bengal/west-bengal-premises-tenancy-bill/

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/17/13, 3:07 am

dear client...

Yes you can vacate your flat need to send legal notice first... do you have agreement between you and ur tenant if yes then send me a copy at [email protected]

with regards

uttam tibrewal

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Answered on 2/17/13, 3:51 am
Sanjay Kalra Sanjay Kalra & Associates

I still feel engage a local lawyer to guide you .........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/19/13, 3:37 am


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