Who, After the Original Tenant

Introduction

• Rent Control Act is an act that exists in most of the states in India, which aims at regulating and protecting the relationship between the tenant and the landlord.
• The Rent Control Act regulates concepts of eviction, repairs and collection of Rent in the state concerned.
• The Rent Control Act assigns such courts for this purpose, which adjudicate matters relating to eviction from the tenanted premises, and any such dispute pertaining to the act.
• A question often arises as to whom will the tenanted premises of the original tenant on his death will devolve upon,
• To answer this question we will now rely upon the statute and judgments laid down for this purpose.

Right Cannot be bequeathed by Testamentary Disposition

• It is clear that a tenanted premise cannot be bequeathed under a will or testamentary disposition, the contention behind such intent is that the tenants may transfer their tenancies to complete strangers, whom the landlord would not want to grant the tenancy to, therefore to avoid such actions of the tenants the law prevents them from bequeathing such tenancies.
• In a matter decided by the Hon’ble Bombay High Court between Vasant Pandit Vs. Anant Sabnis, which was later, upheld by the Supreme Court too “What we want to emphasise is it is not the heirship but the nature of claim that is determinative. In our considered view the legislature could not have intended to confer such a right on the testamentary heir. Otherwise, the right of the landlord to recover possession will stand excluded even though the original party (the tenant) with whom the landlord had contracted is dead. Besides, a statutory tenancy is personal to the tenant”

Provisions of the Law –

• The law under the Rent Control Act, defines who is a tenant, in Maharashtra, under Section 7 (15) d the tenant includes , any  member of the family who resides with such tenant at the time of his death.
• The motive of the law behind including such members of the family of the original tenant is that, the original tenant might have acquired such property not only for himself but also for his family who resides with him. 
• In a matter between Romeo Pascol Kinny Vs. Savitri Umashankar Dwivedi, 2016 (1) Mh.L.J. 461 Justice M.S. Sonak of the the Hon’ble Bombay High Court held –
  • The definition of the expression ‘tenant’ under section 7(15) (d) of the Maharashtra Rent Control Act, can be conveniently divided into two parts in the matter of determining the status of tenancy, when the original tenant expires.
  • The first part provides that the term ‘tenant’, in relation to any premises, when the tenant dies, would include any member of the tenant’s family, where the tenanted premises were let out for commercial purposes, was using the premises for such purpose with the original tenant at the time of his death.
  • Second part of this definition, which is separated from the first part with the preposition ‘or’ as well as the expression ‘in the absence of such member’ provides that the term ‘tenant’ will also include any heir of the deceased tenant, as may be decided, in the absence of agreement, by the Court.
  • The definition, therefore, includes at least two categories of persons. The first category includes member of the deceased tenant’s family, who was carrying on business in the tenanted premises at the time of the original tenant’s death.
  • In the absence of any member from the first category, the second category would include any heir of the deceased tenant, as may be decided, in the absence of agreement, by the Court.
• Therefore, it can be inferred by the above rulings of various courts that the intent of the legislature is to protect the member of family of the tenant who were living with him or in case of commercial property involved in the business with him.

Type of Tenancy –

• It is also to be noted the type of tenancy which devolves upon a person on account of the death of the original tenant. Such tenancy is known as joint tenancy and the tenants have unity of title, unity of commencement of title, unity of interest, unity of equal shares in the joint estate, unity of possession and right of survivorship.
• In a matter between  H.C. Pandey Vs. G. S. Paul the Chief Justice of India R.S.. Pathak has held “It is now well settled that on the death of the original tenant, subject to any provision to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased tenant. The incidence of the tenancy are the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs.”

Conclusion –

• Thus, with the help of above explanation it can be clearly inferred the intent of the legislature and the judiciary is to protect the right of the family members of the deceased tenant who live or practice business with such tenant at the time of his/her death.