CHAPTER I- Preliminary, Section 5 - Inheritability of tenancy

1. If the tenant dies, the right of tenancy devolves for ten years from the date of the tenant’s death to her or his successors in the following order:—

(a) spouse;

(b) son or daughter or where there are both son and daughter, to both of them;

(c) parents;

(d) daughter-in-law, being the widow of his pre-deceased son -

i) provided that the successor has been living in the premises with the deceased tenant as a member of her or his family up to the date of her or his death and was dependent on the deceased tenant;

ii) provided further that a right to tenancy does not devolve upon a successor in case such successor or his spouse or any of his dependent son or daughter is owning or occupying a residential premises in the National Capital Territory of Delhi.

2. It is possible that the successor mentioned in sub-section (1) was living in the premises with the deceased tenant but was not dependent on her or him on the date of her or his death. It is also possible that he or his spouse or any of his dependent son or daughter is owning or occupying a residential premises in the National Capital Territory of Delhi. Such a successor can acquire a right to continue in possession as a tenant for a limited period of one year from the date of death of the tenant. On the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession of the premises becomes extinguished.

(a) Such extinguishment does not affect the right of any other successor of the same category to continue in possession of the premises. If there is no other successor of the same category, the right to continue in possession of the premises does not pass on to any other successor specified in any lower category or categories.

(b) The right of every successor, referred to in sub-section (1) to continue in possession of the premises is personal to her or him and does not, on the death of such successor, devolve on any of her or his heirs.

3. Provisions in sub-section (1) or sub-section (2) do not apply to a non-residential premises and the vacant possession of such premises are delivered to the landlord within one year— (i) of the death of tenant, if the tenant is an individual;

(ii) of the dissolution of the firm if the tenant is a firm;

(iii) of the winding up of the company if the tenant is a company;

(iv) of the dissolution of the corporate body other than a company if the tenant is a corporate body.