AI Overview...
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Family Definition - The term family under tenancy and eviction laws broadly includes not only immediate family members such as spouses and children but also extends to dependent relatives, male lineal descendants (including grandsons), stepchildren, and step-grandchildren. Courts interpret family liberally to encompass near relations and dependents of the landlord or tenant, ensuring their right to live with dignity and privacy Yamunabai Kalangauda Patil VS Fatimabi Hasanbhai Shaikh - Bombay, SHIROMANI KANT ALIAS MANI KANT VS ADDITIONAL DISTRICT JUDGE, MEERUT - Allahabad, Parmeshwari Devi VS Ii Addl. District Judge, Meerut - Allahabad.
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Grandson's Rights - A grandson does not automatically have a right to succeed or be considered part of the family unless he is a male lineal descendant or dependent of the landlord or tenant. The inclusion of grandsons in eviction considerations depends on whether they are recognized as part of the family as per statutory definitions, which often include male lineal descendants and dependents BHANWAR SINGH VS PURAN - Uttarakhand, SHIROMANI KANT ALIAS MANI KANT VS ADDITIONAL DISTRICT JUDGE, MEERUT - Allahabad.
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Eviction for Bona Fide Need - Landlords can seek eviction based on bona fide personal requirement, which includes the needs of family members such as grandsons, provided these needs are genuine. Courts have upheld eviction when the landlord demonstrates bona fide necessity for family members' residence, including grandsons, under relevant tenancy laws BENSON SHOES VS CHUNNI LAL TAKKAR - Delhi, Dinesh Pandey vs Somkant Tripathi - Madhya Pradesh, Kastoor Chand VS B. O. R. - Rajasthan.
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Legal Interpretation - Statutes such as the Delhi Rent Control Act and the Urban Buildings Act interpret family to include step-relatives and male lineal descendants, emphasizing a broad and liberal construction to protect the rights of landlords and tenants, especially regarding eviction for personal or family needs [MURLIDHAR
VS XITH ADDL D J MEERUT - Allahabad](https://supremetoday.ai/doc/judgement/02500034291), Parmeshwari Devi VS Ii Addl. District Judge, Meerut - Allahabad, SHIROMANI KANT ALIAS MANI KANT VS ADDITIONAL DISTRICT JUDGE, MEERUT - Allahabad.
Analysis and Conclusion:
The inclusion of a grandson as a member of the family for eviction purposes depends on his relationship to the landlord or tenant, typically as a male lineal descendant or dependent. Courts tend to interpret family broadly, allowing eviction for bona fide personal needs of such family members, including grandsons, but a grandson's right to succeed or be recognized as part of the family is limited if he is not a direct descendant or dependent. Therefore, a grandson not recognized as part of the family or not dependent may not be included as a family member in eviction considerations.
Search Results for "As Member of his Family does Not Include Grandson Tenant"
2010 0 Supreme(Del) 145 • India - Delhi
SHIV NARAYAN DHINGRA
can be validly denied leave to defend eviction suit—Application under Section 25-B rightly dismissed by Trial Court—Family members ... are entitled to live their life with dignity and privacy—They cannot be compelled to use passage as rooms just to accommodate the tenant ... Tenancy—Eviction—Delhi Rent Control Act, 1958—Sections 14 and 25-B—Bona fide personal requirement of landlord duly proved—In such event defendant-tenant ... Similarly, the other two pleas regarding landlord having other properties or his f....
2008 0 Supreme(UK) 49 • India - Uttarakhand
S.B.SINHA, V.S.SIRPURKAR
of same class they take the property per capita and not per stripes as also tenant-in-common and not as joint tenants. ... tenable — Grandson does not get any right to succeed so long as his father is alive — In case of succession by two or more heirs ... Hindu Succession Act, 1956, Secs. 8, 19 — Scope of — Right to succession of grandson born after 5 years of death of the last owner ... possible when Schedule indicates heirs in class I and only includes#HL_....
2012 0 Supreme(Guj) 599 • India - Gujarat
A.J.DESAI
thereafter to lady tenant Jadiben. ... years, was her husband and she was residing with him and his family - Petitioner Trust had rented several premises to Ukabhai and ... House Rates, 1947 - Sections 29(2) and 5(11)(c)(ii) - Decree of eviction against the present respondent on the ground that the tenant ... Now, the moot question in the present Revision Application is whether son and grandson of the tenant s husband and his first wife, are part of the family or not,....
2025 Supreme(Online)(MP) 2149 • India - High Court of Madhya Pradesh
G. S. AHLUWALIA, J
... ... Issues: The main issues included the legality of the eviction based on the landlord's claim of bona fide need for his grandson ... and the interpretation of the Act regarding family members. ... Interpretation of Statutory Provisions - The court emphasized the principle of Last Antecedent in interpreting the definition of 'member ... Now the Legislature in its wisdom allowed the landlord to get the house evicted not only for the bona fide need of himself, but also for the #HL_....
2006 0 Supreme(Raj) 2363 • India - Rajasthan
P.S.ASOPA
— Held — A member of joint family can bring about his separation in Status by a definite unequivocal and unilateral declaration of ... independent holding but while dealing with the determination of ceiling area as per definition of family, each family is entitled ... for 30 standard acre of land and those who are part of the family, their land have to be clubbed and then family will be entitled ... include the family of such individual. ... Legislat....
2006 0 Supreme(Bom) 1800 • India - Bombay
D.B.BHOSALE
It would include not only the members of landlord’s family but also those persons who are dependent on him, whose responsibility ... of demised premises to settle her grandson. - Word "family" must always be liberally and broadly construed so as to include near ... " - Can be construed so as to include near relations of head of family - Landlady can seek eviction of tenant - Entitled to possession ... It would #HL_....
2025 Supreme(Online)(MP) 2659 • India - High Court of Madhya Pradesh
G. S. AHLUWALIA, J
, landlords have rights to evict for personal needs, including those of family members. ... of family' and the necessity of eviction for family business. ... ... ... Findings of Court: ... The appellate court found that the landlord's need for the shop was bona fide and that the tenant ... Now the Legislature in its wisdom allowed the landlord to get the house evicted not only for the bona fide need of himself, but also for the members of his family#HL_EN....
1996 0 Supreme(All) 234 • India - Allahabad
S.N.AGARWAL
Finding of the Court: The court held that the need of the landlord's family members, including grandsons, could be ... Whether the need of the landlord's family members, including grandsons, can be taken into consideration under Section 21 (1) (a) ... Fact of the Case: The petitioner, a tenant of a shop, challenged the orders of the Prescribed Authority and the appellate ... Section 3 (g) defines the word family which reads as under: ... "#HL_STA....
1976 0 Supreme(All) 274 • India - Allahabad
P.N.BAKSHI
The court also held that a step son and a step grand son would be considered as a male lineal descendant, as much as the son and grandson ... The court also held that a step son and a step grand son would be considered as a male lineal descendant, as much as the son and grandson ... URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) ACT, 1972 - SECTION 21 - INTERPRETATION OF THE TERM "FAMILY" - STEP SON ... or any member of her family. ... Section 3(g) of the said Act runs as follows : ... "#HL....
1998 0 Supreme(All) 1329 • India - Allahabad
SUDHIR NARAIN
The court interpreted the definition of "family" under Section 3 (g) of the Act to include male lineal descendants, including grandsons ... The tenant contested the application, arguing that a release application for the need of a grandson cannot be entertained under Section ... of his family, including grandson, as per the definition of "family" under Section 3 (g) of the Act. ... " ... It includes the male lineal descendants. It i....
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