Heirs automatically inherit tenancy: SC

ISLAMABAD:

The Supreme Court has laid down a definitive legal principle on tenancy, ruling that after the death of a property owner, legal heirs automatically become the rightful owners and no new rent agreement is required.

The court further held that depositing rent in the name of a deceased landlord does not constitute a valid legal payment.

Upholding the Sindh High Court's decision, the ape court maintained the eviction order against tenants, directing them to vacate the shops and hand over possession to the legal heirs within 60 days.

The case was heard by a two-member bench comprising Chief Justice Yahya Afridi and Justice Shakeel Ahmed. Justice Shakeel Ahmed authored the four-page written judgment, which has been approved for official reporting.

According to the detailed verdict, following the original owner's death, his son-as a legal heir-served notices to the tenants demanding payment of rent and outstanding dues.

The court noted that the tenants acknowledged both the owner's death and their attendance at his funeral, yet failed to pay rent to the rightful heirs.

The judgment stated that despite receiving formal notice, the tenants continued depositing rent in court under the deceased owner's name, which the court declared legally invalid.

The Supreme Court clarified that once legal heirs notify tenants, rent must be paid to them, and payments made in the name of the deceased do not fulfill legal obligations.

The court ruled that failure to pay rent to the legal heirs, combined with intentionally depositing rent under the deceased landlord's name, amounts to willful default. Such conduct, the court held, makes tenants liable for eviction.

Rejecting the tenants' argument that depositing rent in court protects them from eviction, the Supreme Court ruled that deliberate defaulters cannot claim legal protection.