Tenancies can be inherited too
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.