Sudden demise of mother in law ; property leased out already
Ashutosh Gupta
(Querist) 17 September 2018
This query is : Resolved
after sudden demise of my father in law ( owner of a property ), successors were my mother in law and two daughters.the said property was leased out to some multi national co. Both daughter surrendered their share in favor of mother in law. Now mother in law has expired recently . a full ten years agreement was signed a few months backs and a full amount of stamp duty was also paid at that time . Now one daughter purchases whole property rights from the other ( being only two successors left) . Now my question is " Should a new lease agreement with full stamp duty be made again ?" or any affidavit will to the needed job since the property is inherited from parents.
Isaac Gabriel
(Expert) 17 September 2018
Go in for fresh lease deed in the name of the daughter who is owner now.
KISHAN DUTT KALASKAR
(Expert) 17 September 2018
Dear Sir,
It appears that there is no settled law on this issue. First get it lease transferred in the name of purchaser then question of payment of stamp duty arise. You can approach the hon’ble high court at a later stage and enlarge the on this point.
Kishor Mehta
(Expert) 17 September 2018
If the lease agreement is duly stamped, executed and registered, it is binding on the legal heirs and/or beneficiaries. The lease agreement will survive till the full term of the lease. The heirs inherit the property with all its legal encumnrancies. A fresh lease can be entered into only with the consent of both the parties.
Dr J C Vashista
(Expert) 24 September 2018
Show the document of L & L to a local prudent lawyer for better appreciation, analyse and guide you properly.
The licensee can be evicted by following due process of law.
However, if you are located in Delhi/NCR and feel may contact me, (by appointment) at:
Chamber No. 647, 6th Floor, Lawyer's chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
