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S.5: Inheritability of tenancy: (1) In the event of death of a tenant, the right of tenancy shall devolve for a period of five years from the date of his death to his successors in the following order, namely:

(a) spouse;
(b)son or daughter or where there are both son and daughter both of them;
© parents;
(d) daughter-in-law, being the widow of his pre-deceased son:
29. The above provision is clear in the event of death of a tenant the right of tenancy shall devolve for a period of 5 years from the date of his death on the expiry of that period the right of such successor to continue in possession of premises shall became extinguished.

(A) KARNATAKA RENT ACT, 1999 (ACT 34 OF 2001)--SECTION 5(1)(2)--INHERITABILITY OF TENANCY---HELD--The right of tenancy devolves on the spouse, son or daughter or both of them, parents and daughter-in-law being the widow of the pre-deceased son and not on any other person. The contract of tenancy coming to a close on the death of the 25 (SCCH-8) HRC 30/2010 tenant, in the absence of any other person who could rightfully inherit the tenancy under Section 5, the landlord would be entitled to an order of eviction without reference to or without the need to establish any other ground under which the landlord may have sought eviction, Section 5 provides a new substantiate remedy to a landlord in case of death of a tenant. Section 5 prescribes the right of inheritance only to a specified class of persons and limits this inheritance to various periods depending upon certain factors which have been prescribed in the provision.

31. In the above said decision the landlord has filed the HRC petition for seeking the eviction of the tenant from the petition schedule property on the ground that the petitioner is the absolute owner of the schedule premises which was given to the husband of the respondent-tenant on a monthly rent. After the death of the husband the respondent i.e., the tenant continued in possession as a tenant. So, after full pledged trial the petition was came to be dismissed, aggrieved by the said order, the landlord has filed the appeal before the Hon'ble High Court of Karnataka, the said appeal was came to be allowed and the legal representative -tenant who is in possession of the petition premises directed to deliver the vacant possession of the 26 (SCCH-8) HRC 30/2010 premises in favour of the landlord within three months and held the right of tenancy devolves on the spouse, sons or daughters or both of them, parents and daughter-in-law being the widow of pre-deceased son and not on any other person. The contract of tenancy coming to close on the death of the tenant. So, the landlord would be entitled to an order of eviction without reference to, or without the need to establish any other ground under which the landlord may have the sought for eviction. S.5 provides a new substantiate remedy to a landlord in case of a death of a tenant.