Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
3 months, 2 weeks ago

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court

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The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building Act, 2011. and the proviso of Section 5 of the Jharkhand Building Act, 2011 the petitioner who has averred himself to be the nephew of the deceased plaintiff and this very fact is very well corroborated with the pleadings of the plaint where the original plaintiff herself has stated that in the tenanted property she had been residing along with her near relative since the lifetime of her husband and after the death of her husband she had also been residing along with her near relative. However, the trial court rejected the application, and this decision was upheld by the appellate court, which held that the petitioner did not qualify as a legal heir under Section 5 of the Jharkhand Building Act, 2011. The High Court disagreed with these findings, pointing out that the trial court had overlooked the proviso to Section 5 of the Act, which explicitly includes family members who resided with and were dependent on the deceased tenant as legal heirs.

History of this topic

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