Archive · 5 Nov 2025
Bombay HC: Tenancy Under Public Premises Act Can’t Be Bequeathed by Will
Imagine you are renting a special house that belongs to a big company, not a private owner.
This special house is covered by a rule called the Public Premises Act.
The person who originally rented it passed away.
They left a note, called a will, saying their relative could have the house.
But, the big company says that rule means you can't just give away the rental spot like that in a will.
The High Court agreed with the company.
They said the rental spot was only for the original person and ended when they died.
You can't pass it on through a will because it breaks the rental agreement.
So, the person who was living there based on the will has to leave, and the company can take their house back.
This is because the rules for these special houses are different from regular rentals.
Bombay High Court ruled that tenancy under the Public Premises Act cannot be passed on through a will.
The court upheld LIC's right to evict a woman from a Churchgate flat, quashing a lower court's order.
The last recorded tenant, whose tenancy was with LIC, bequeathed the premises to his niece through a will.
LIC argued that the tenancy ended with the tenant's death and the niece was never recognized as a tenant.
The High Court stated that transferring tenancy via a will breaches the terms of the original agreement with LIC.
- Who
- Bombay High Court, Life Insurance Corporation (LIC), and a woman occupying a flat
- What
- Bombay High Court ruled that tenancy under the Public Premises Act cannot be bequeathed through a will, upholding LIC's right to evict an occupant.
- When
- November 3
- Where
- Bombay High Court, regarding a flat in the Churchgate area, South Mumbai
- Why
- The court found that bequeathing tenancy via a will constituted a breach of the terms of the original tenancy granted by LIC.
Woman Occupant's Claim
LIC's Position
Basis of Occupancy
Woman Occupant's Claim
The woman claimed tenancy rights based on a will from the last recorded tenant, with whom she lived.
LIC's Position
LIC argued that the tenancy was granted to the individual tenant and ended with his death, and the niece was never recognized as a tenant.
Validity of Will for Tenancy
Woman Occupant's Claim
The City Civil Court initially set aside the eviction order, implying some validity to the woman's claim against the termination notice.
LIC's Position
The High Court ruled that a will cannot bequeath tenancy under the Public Premises Act, as it constitutes a breach of the original tenancy terms.
Rent Act Applicability
Woman Occupant's Claim
The woman sought to rely on the Rent Act for tenancy rights due to her residence with the last tenant.
LIC's Position
The High Court noted that the niece could not rely on the Rent Act to claim tenancy as the authority granted solely to the man ended on his death.
- Court
- Bombay High Court
- Property Owner
- Life Insurance Corporation (LIC)
- Property Location
- Churchgate area, South Mumbai (Queen’s Court building)
- Original Tenant's Husband
- Last recorded tenant, passed away in September 1994
- Occupant
- Niece of the last recorded tenant
- Key Ruling
- Tenancy under Public Premises Act cannot be bequeathed by will.
- Date of High Court Observation
- November 3