Section 5State of Jharkhand Act

Section 5: Inheritance to tenancy

Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011

Inheritance to tenancy.

(1)

In the event of death of a tenant, the right of tenancy shall devolve to his successor in the following order, namely :-

(a)

spouse,

(b)

son or unmarried daughter or where there are both son and unmarried daughter, both of them,

(c)

parents,

(d)

daughter-in-law, being the widow of his pre-deceased son.

Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family upto the date of her/his death and as dependent on the deceased tenant:Provided also that the period of devolution is limited to the unexpired portion of the tenancy and it is open to the landlord and the successor tenant to enter into fresh agreement.Provided further that a right to tenancy shall not devolve upon a successor in case such successor his spouse or any of his dependent son or daughter is owning or occupying a building However, he shall acquire a right to continue in possession as a tenant for unexpired period of tenancy, or a period of one year from the date of death of the tenant, or on his death, whichever is earlier.

(2)

The right of every successor, referred to in sub section (1) to continue in possession of the building shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs.

(3)

Nothing in sub section (1) or sub section (2) shall apply to a non residential building and the vacant possession of such building shall be delivered to the landlord within one year or unexpired portion of tenancy, Whichever is earlier: -

(i)

of the death of tenant, in case the tenant is an individual:

(ii)

of the dissolution of the firm, in case the tenant is a firm;

(iii)

of the winding up of the company, in case the tenant is a company;

(iv)

of the dissolution of the corporate body other than a company, in case the tenant is such a corporate body.

Provided that it is open to the landlord and the successor tenant to enter into a fresh agreement.CHAPTER- II Regulation of Rent

Sec 4 — Tenancy Agreement to be In writing

Sec 6 — Salami, fine or advance of more than one month's rent not to be claimed or received

Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.