Ten­an­cies can be in­her­ited too

HT Estates - - HTESTATES -

have an es­tate or in­ter­est in the ten­anted premises. In such cases, the ten­ancy rights both in re­spect of res­i­den­tial premises and com­mer­cial premises are her­i­ta­ble. The heirs of the de­ceased ten­ant in the ab­sence of any pro­vi­sion in the Rent Act to the con­trary will step into the po­si­tion of the de­ceased ten­ant and all the rights and obli­ga­tions of the de­ceased ten­ant in­clud­ing the pro­tec­tion af­forded to the de­ceased ten­ant un­der the Act will de­volve on the heirs of the de­ceased ten­ant.

In 1986, the SC in deal­ing with the mat­ter re­lat­ing to Bom­bay Rent, Ho­tel and Lodg­ing House Rates Con­trol Act, 1947 held that a be­quest of the right of ten­ancy in re­spect of premises can­not be made by a will in favour of strangers ie not heirs not specif­i­cally men­tioned in the statute.

That ten­ancy is an in­her­i­ta­ble right, un­less a le­gal bar against her­i­tabil­ity is shown to ex­ist, has been reaf­firmed by the apex court.

THINKSTOCK

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