A leases a farm to B for C's lifetime. After C dies, B stays in possession with A's assent. Assume Section 116 of the Transfer of Property Act, 1882 applies and there is no agreement to the…
Question and options
A leases a farm to B for C's lifetime. After C dies, B stays in possession with A's assent. Assume Section 116 of the Transfer of Property Act, 1882 applies and there is no agreement to the contrary. What tenancy results?
No renewed tenancy
A tenancy renewed from year to year
A perpetual tenancy
A tenancy renewed only for the remainder of the year in which C died
Answer and explanation
C's death ends the original life lease. B's continued possession with A's assent creates holding over. Where Section 116 applies, its illustration (b) treats this farm lease as renewed from year to year.
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