oppn parties Legal Heirs Have To Prove Bona Fides To Inherit Tenancy Rights

News Snippets

  • R G Kar rape-murder hearing start in Kolkata's Sealdah court on Monday
  • Calcutta HC rules that a person cannot be indicted for consensual sex after promise of marriage even if he reneges on that promise later
  • Cryptocurrencies jump after Trump's win, Bitcoin goes past $84K while Dogecoin jumps 50%
  • Vistara merges with Air India today
  • GST Council to decide on zero tax on term plans and select health covers in its Dec 21-22 meeting
  • SIP inflows stood at a record Rs 25323cr in October
  • Chess: Chennai GM tournament - Aravindh Chithambaram shares the top spot with two others
  • Asian Champions Trophy hockey for women: India thrash Malaysia 4-0
  • Batteries, chains and screws were among 65 objects found in the stomach of a 14-year-old Hathras boy who died after these objects were removed in a complex surgery at Delhi's Safdarjung Hospital
  • India confirms that 'verification patrolling' is on at Demchok and Depsang in Ladakh after disengagement of troops
  • LeT commander and 2 other terrorists killed in Srinagar in a gunbattle with security forces. 4 security personnel injured too.
  • Man arrested in Nagpur for sending hoax emails to the PMO in order to get his book published
  • Adani Power sets a deadline of November 7 for Bangladesh to clear its dues, failing which the company will stop supplying power to the nation
  • Shubman Gill (90) and Rishabh Pant (60) ensure India get a lead in the final Test after which Ashwin and Jadeja reduce the visitors to 171 for 9 in the second innings
  • Final Test versus New Zealand: Match evenly poised as NZ are 143 ahead with 1 wicket in hand
Security forces gun down 10 'armed militants' in Manipur's Jiribam district but locals say those killed were village volunteers and claim that 11, and not 10, were killed
oppn parties
Legal Heirs Have To Prove Bona Fides To Inherit Tenancy Rights

By A Special Correspondent
First publised on 2023-09-22 05:02:15

The Calcutta High Court has ruled that if other conditions are not satisfied, a person cannot claim tenancy rights just by depositing rent with the rent controller. In the instant case, a lady who was allegedly the adopted child of a registered tenant for a property, kept on depositing rent for the premises with the rent controller after the death of her mother as her mother had 'transferred' the tenancy to her in her will, for which she had obtained a probate. But on closer scrutiny, the court found that proper papers for her adoption by her alleged mother, the registered tenant, were not there. Hence the court ruled that in the absence of such papers proving she was the adopted daughter of the registered tenant, the tenancy could not be said to have passed to her as inheritance on the death of her mother even though it was willed by her.

The daughter had claimed a mother-daughter relationship with the deceased but there were no s to prove that she was formally and legally adopted by the deceased registered tenant. The court ruled that in the absence of any document to prove the mother-daughter relationship, just the fact that the deceased tenant had transferred the tenancy through a will and the claimant had kept on depositing the rent with the rent controller does not give her tenancy rights.

Normally, subject to some conditions in the tenancy laws, tenancy is transferred to the legal heirs of the deceased tenant upon application. But for that the legal heirs need to prove their bona fides. In this case, the claimant failed to do so and hence she was treated as a trespasser as charged by the landlord.