In a rental agreement entered, the owner of the Building was expired during the enforcement of the Agreement. The monthly rent for the building is being given credit to his Bank Account. Since the owner who is party to the agreement is no more now, please let me know as to the legal formalities to be done in disbursing the monthly rent and also the enforcement of the agreement for further period. The owner left behind him his wife, a son and a daughter. Thanks & regards,
From India, Mumbai
Dear Sri,
The property owner and his/ her legal heirs by virtue of provisions under Indian Succession Act get title of properties.This must be a clause in your agreement, being a common thing and generally written in every agreements.Since owner who has his survivors , a wife ,son and a d'ter so they must have got the property transferred in their name(s). If not done so , please regularize accordingly.
RDS Yadav

From India, Delhi
Thanks Mr RDS Yadav for your guidance. In fact the owner of the property was died in a Road Accident. So there may not be possible for transfer of properties to his legai heirs. Further, the so called clause under Indian Succession Act get the title of properties was found missing in the rental agreement. Could you please advice me with the details of such clause for which I shall be grateful. Regards,
From India, Mumbai
Dear Sridharan,
I would request you to come out of this cite to save time of others members .
Please send me a copy of agreement to my mail to get you answer in the light of a legally tenable tenancy agreement.
RDS Yadav

From India, Delhi

Hi Sridharan,,
What Mr. Yadav has mentioned is correct. You don't need to be panicked. Though the owner died in accident, any movable or immovable properties which was under his procession, would be transferred to his legal heirs. Though it would take at-least 3 months for them to get that certificate from the appropriate office. Also you don't need to worry this much as you are not buying the property from them, you are just renting it out. Again you have been transferring the rent, which is again recorded in the statement.

From India, Bangalore
The Tenant can ask the Owners Legal Representative to get new Agreement made to facilitate payment of rent; due to demise of the owner. Rest of the work; they can do in consultation with local Advocate; dealing with Succession suggested by the Members.

From India, Mumbai

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