A.
Dear Client,
Once a party to an agreement dies during the tenure of the agreement, the said agreement becomes seized, infructuous, and unenforceable under law until and unless the legal heir of the landlord executes a fresh agreement with the tenant. So, in the given scenario, to recover the heavy deposit of advance with the deceased land owner, serving a legal notice to the legal heir of the landlord who inherited the property of the deceased owner, you can file a civil suit against the legal heir of the deceased owner for specific performance under Section 12(2) of the Specific Relief Act,1963 seeking an injunction under Order 39 of CPC before a competent Civil Court and additionally you can file a money recovery suit against the legal heir of the deceased owner. Apart from this, a dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, serving a legal notice to the concerned person, you can file an application explaining your grievance before the concerned Rent Controller or Addl. Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
Posted On 20-Jun-2024
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