The Delhi High Court has held that legal heirs of a deceased tenant who were not financially dependent on the tenant cannot claim continued protection under the Delhi Rent Control Act beyond a period of one year from the tenant's death.

Justice Neena Bansal Krishna referred to Explanation II to Section 2(L) of the Act and observed,

“it is evident that a right to continue in possession after the termination of tenancy by a person who acquires the tenancy by succession and who is not financially dependent upon the deceased on the date of his death, would be for a limited period of one year and on expiry of the said period or on his death whichever is earlier, the right of such successor to continue in possession after the termination of tenancy, shall become extinguished.”

The bench thus dismissed an appeal filed by a tenant's son challenging a decree of possession passed in favour of the landlord, holding that the appellant had lost statutory protection and was in unauthorized occupation of the premises.

The original tenant had died in January 2013. The Court found that the appellant-son was not financially dependent on him, relying on material including a partnership deed showing that he had an independent source of income. Consequently, any protection available under the Rent Act ceased after one year.

Rejecting the appellant's contention that he continued to enjoy tenancy rights, the Court held that he became an unauthorized occupant after expiry of the statutory period. It clarified that payment or acceptance of rent thereafter does not create any estoppel against the landlord or revive tenancy rights.

The Court further observed that once protection under the Rent Act comes to an end, the relationship between the parties is governed by the Transfer of Property Act, and the landlord is entitled to seek possession.

As such, the Court upheld the decree of possession passed by the trial court and dismissed the appeal.

Appearance: Mr.Amitabh Kumar Verma, Adv. for Petitioner; Mr.Sonal Anand, Mr.Aayush Sai and Ms.Surbhi Singh, Advs. for Respondent

Case title: Pawan Kumar Goel v. Jyoti Sikka

Citation: 2026 LiveLaw (Del) 289

Case no.: RFA 1161/2025

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