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

Section 5

Amendment status not verified — confirm the current text below against the official source.

(1) In thee ent of death of a tenant, the right of tenancy shall devolve to his successor in the followin order, namely :- (a) spouse, (b) son or un married 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 t at the successor has ordinarily been living or carrying on business in the premises ith the deceased tenant as a member of his family upto the date of her/his death and as dependent on the deceased tenant: Provided lso that the period of devolution is limited to the unexpired portion of the tenancy a d it is open to the landlord and the successor tenant to enter into fresh agreemen. Provided rther that a right to tenancy shall not devolve upon a successor in case such successo or 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 eath, whichever is earlier. 40 r (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. t3) 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

Section 5 – The Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 | DailyLaw.ai