Law Maker

CHAPTER-V PROTECTION OF TENANT AGAINST EVICTION, RECOVERY OF POSSESSION OF PREMISES BY LANDLORD

Section 22: Eviction and recovery of possession of premises in case of death of the landlord

The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021

How current this text is

Text of the Act as enacted, from the Uttar Pradesh Gazette (Extraordinary) of August 24, 2021 as published by India Code for the Government of Uttar Pradesh; the copy shows no later amendment.

Authoritative English translation published under clause (3) of Article 348 of the Constitution in the Uttar Pradesh Gazette, Extraordinary, August 24, 2021 (Notification No. 788(2)/LXXIX-V-1-21-1-ka-16-2021).

The official copy is a scanned gazette page; this text was read from the scan and checked line by line against the page images.

Section 1(4) provides that the Act is deemed to have come into force on January 11, 2021.

In Inder Bhushan Sawhney v. Kanchan Kumari Jain (Writ-A No. 13349 of 2024, 2026:AHC:177234-DB, decided on 21 August 2026), a Division Bench of the Allahabad High Court declared sections 8, 9, 10, 38 and 42 of this Act ultra vires from that date and held the provisions for eviction by order of the Rent Authority repugnant to the Transfer of Property Act, 1882. The text shown is the text as enacted. No order of the Supreme Court staying the judgment had been found when this page was checked (23 October 2026).

(1)Notwithstanding anything contained in this Act or any other law for the time being in force, in case of death of the landlord, where there is a requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Authority in such form and manner, as may be prescribed.

(2) The Rent Authority may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord.

Practise questions on Uttar Pradesh Local Laws