Section 6 UP Regulation of Urban Premises Tenancy Act, 2021: Rights and obligations of successor in case of death

Section 6: Rights and obligations of successor in case of death

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) The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or tenant, as the case may be, and in such case, the successor of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.

(2) In the event of death of a tenant, of residential tenancy, the right of tenancy shall devolve for the remaining period of tenancy on his successors, namely:-

spouse; son or daughter or where there are both son and daughter, both of them; parents; daughter-in-law, being the widow of his pre-deceased son; widowed or divorced sister:

Provided that the successor has ordinarily been living in the premises with the deceased tenant up to the date of his death.

(3) In the event of death of a tenant of non-residential tenancy, the right of tenancy shall devolve for the remaining period of tenancy on the person who has succeeded the business of deceased tenant.

(4) Every application for substituting the names of the heirs or legal representatives, the claimants-occupants or any person who was a party to any proceedings under this Act and died during the pendency of the proceedings, shall be preferred within one month from the date of the death of such person.

(5) The application shall contain the names and addresses and other details of the heirs or legal representatives and their relationship with the deceased and, be accompanied by an affidavit in its support, and thereupon, the application shall be decided after a summary inquiry by the Rent Authority or Rent Tribunal, as the case may be.

(6) Whenever a pleader appearing for a party to the case comes to know of the death of that party, he shall inform the Rent Authority or Rent Tribunal, as the case may be, about it, and the Rent Authority or Rent Tribunal, as the case may be, shall thereupon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.