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Section 6: Rights and obligations of successor in case of death

The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021State Act of Uttar Pradesh · Act 16 of 2021

6. (1) The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or tenant, as the case may be, and in such case, the successor of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.

(2) In the event of death of a tenant, of residential tenancy, the right of tenancy shail devolve for the remaining period of tenancy on his successors, namely:-

spouse; son or daughter or where there are both son and daughter, both ofthem; parents; daughter-in-law, being the widow of his pre-deceased son; widowed or divorced sister:

Provided that the successor has ordinarily been living in the premises with the deceased tenant up to the date of his death.

(3) In the event of death of a tenant of non-residential tenancy, the right of tenancy shall devolve for the remaining period of tenancy on the person who has succeeded the business of deceased tenant.

(4) Every application for substituting the names of the heirs or legal representatives, the claimants-occupants or any person who was a party to any proceedings under this Act and died during the pendency of the proceedings, shall be preferred within one month from the date of the death of such person.

(5) The application shall contain the names and addresses and other details of the heirs or legal representatives and their relationship with the deceased and, be accompanied by an affidavit in its support, and thereupon, the application shall be decided after a summary inquiry by the Rent Authority or Rent Tribunal, as the case may be.

(6) Whenever a pleader appearing for a party to the case comes to know of the death of that party, he shall inform the Rent Authority or Rent Tribunal, as the case may be, about it, and the Rent Authority or Rent Tribunal, as the case may be, shall thereupon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.

Where this provision sits

ActThe Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021
Section6
Marginal noteRights and obligations of successor in case of death
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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