In a rental agreement entered, the owner of the building was deceased during the enforcement of the agreement. The monthly rent for the building is being credited to his bank account. Since the owner, who was a party to the agreement, has passed away, please let me know the legal formalities to be completed in disbursing the monthly rent and enforcing the agreement for the future period. The owner has left behind his wife, a son, and a daughter.
Thanks & regards,
From India, Mumbai
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25Thanks & regards,
From India, Mumbai
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Dear Sri,
The property owner and his/her legal heirs, by virtue of provisions under the Indian Succession Act, gain title to properties. This clause should be included in your agreement, as it is a common practice and is generally written in every agreement. Since the owner has surviving family members - a wife, son, and daughter - the property should have been transferred to their name(s). If this has not been done, please regularize it accordingly.
Regards,
RDS Yadav
email: navtaranghrs@gmail.com
From India, Delhi
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The property owner and his/her legal heirs, by virtue of provisions under the Indian Succession Act, gain title to properties. This clause should be included in your agreement, as it is a common practice and is generally written in every agreement. Since the owner has surviving family members - a wife, son, and daughter - the property should have been transferred to their name(s). If this has not been done, please regularize it accordingly.
Regards,
RDS Yadav
email: navtaranghrs@gmail.com
From India, Delhi
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Thank you, Mr. RDS Yadav, for your guidance. In fact, the owner of the property passed away in a road accident. Therefore, it may not be possible to transfer the properties to his legal heirs. Furthermore, the clause under the Indian Succession Act which grants the title of properties was found missing in the rental agreement. Could you please advise me on the details of such a clause for which I shall be grateful?
Regards,
From India, Mumbai
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Regards,
From India, Mumbai
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What Mr. Yadav has mentioned is correct. You don't need to panic. Though the owner died in an accident, any movable or immovable properties that were under his possession will be transferred to his legal heirs. It will take at least three months for them to obtain the necessary certificate from the appropriate office. Also, you don't need to worry too much as you are not buying the property from them; you are just renting it. Furthermore, you have been transferring the rent, which is also recorded in the statement.
Regards
From India, Bangalore
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Regards
From India, Bangalore
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The Tenant can ask the Owner's Legal Representative to get a new agreement made to facilitate the payment of rent due to the demise of the owner. The rest of the work they can do in consultation with a local Advocate dealing with succession, etc., as suggested by the Members.
- C. Neyimkhan
From India, Mumbai
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- C. Neyimkhan
From India, Mumbai
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Legal heirs and not nominee alone entitled to terminal benefits - Madras HC 8.9.2016.pdf
SECURITY AGREEMENT.doc