Section 13 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Liability of heirs and legal representatives.
- (1)Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages 1 [or for the determination of the amount payable by way of interest on such arrears of rent or damages] is to be or has been taken dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person. 1 [(1A) Where any person from whom any cost of removal of any building or other structure or fixture, or, as the case may be,any goods, cattle or other animal is to be recovered under sub-section (2) 2 [or subsection (3)] of section 5A, or any expenses of demolition are to be recovered under sub-section (5) of section 5B, dies before any proceeding is taken for the recovery of such cost or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.]
- (2)Any amount due to the Central Government or the 3 [statutory authority] from any person whether by way of arrears of 4 [rent or damages or costs of removal referred to in section 5A or expenses of demolition referred to in section 5B or interest referred to in sub- section (2A) of section 7 or any other cost] shall, after the death of the person, be payable by his heirs or legal representatives but their liability shall be limited to the extent of the assets of the deceased in their hands.
Summary
- If a person dies before or during a legal process to determine what they owe, the process continues against their heirs or legal representatives.
- This transfer of responsibility applies to unpaid rent, damages, and any interest charged on those amounts.
- It also covers the costs of removing unauthorized structures, goods, or animals, as well as the expenses for demolishing an illegal building.
- Any money owed to the Central Government or a statutory authority must be paid by the deceased person's heirs.
- However, the heirs do not have to pay out of their own personal money. Their legal duty to pay is limited strictly to the value of the assets they inherited from the deceased person.
Practical examples
FAQ
1. What happens if a person dies while the government is trying to collect unpaid rent?
The government can continue the legal collection process against the deceased person's heirs or legal representatives.
2. Can the government force heirs to pay a deceased person's debt out of their own pockets?
No. The heirs are only responsible for paying the debt up to the total value of the property or assets they actually inherited from the deceased person.
3. Does this rule only apply to unpaid rent?
No, it also applies to damages, interest, and the costs of removing unauthorized items or demolishing illegal structures.
Test yourself
Q1.Under Section 13 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what happens to the legal proceedings for unpaid rent if the unauthorized occupant dies?
Q2.Under Section 13 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, if a person dies owing costs for the removal of an illegal structure ordered under Section 5A, who must pay these costs?
Q3.Under Section 13 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, a person is ordered to pay the expenses of demolishing an illegal building under Section 5B. If that person dies, what is the maximum amount their heirs can be forced to pay?
Q4.Under Section 13 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, against whom may proceedings be continued if the person who owes damages dies during the pendency of the proceeding?
Q5.Under Section 13 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what specific types of financial obligations are transferred to the legal representatives?