Correct option is D
All the statements provided in the question are incorrect regarding
tenancy at sufferance. Let’s analyze why none of these statements are correct:
Information Booster
What is Tenancy at Sufferance?
Tenancy at sufferance arises when a tenant, who had a lawful possession of the property under a valid lease, remains in possession even after the expiration of the lease term without the landlord's consent. The tenant does not have the landlord’s permission to stay, but the landlord has not yet taken legal action to evict the tenant. It is an intermediary state between lawful possession and trespassing.
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No Legal Agreement: Tenancy at sufferance arises not by agreement but due to the tenant overstaying after the expiry of the lease, making it distinct from other forms of tenancy.
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No Transfer or Will: A tenancy at sufferance does not confer any transferable rights, nor can it be bequeathed under a will. It merely allows the tenant to remain in the property until the landlord decides to evict.
Detailed Analysis of the Options
(a) Tenancy at sufferance is the smallest interest which a person may probably get in immovable property.
This statement is
incorrect. While tenancy at sufferance does grant the tenant some temporary status, it does not constitute a legal interest in the property. In fact, the tenant is in an unlawful position, occupying the property without the landlord’s consent. Tenancy at will or tenancy for a fixed term is a recognized interest in property, while tenancy at sufferance is not.
(b) Tenancy at sufferance may normally arise out of an agreement between the parties.
This statement is also
incorrect. Tenancy at sufferance arises due to the absence of agreement. The tenant overstays the agreed-upon lease period without the landlord’s explicit permission. It is a situation of over-holding, where the original contract has ended, and the parties have not entered into any new agreement.
(c) Transfer or will of tenancy at sufferance is possible.
This statement is
incorrect as well. Tenancy at sufferance cannot be transferred or bequeathed through a will because the tenant is occupying the property unlawfully after the expiration of the lease term. Since no legal right exists to occupy the property, there is no right that can be passed on to others.
(d) None of the above
This is the
correct answer because all the other statements regarding tenancy at sufferance are incorrect.
