Rental property
Querist :
Anonymous
(Querist) 05 March 2020
This query is : Resolved
Dear Sir/ Madam
Firstly i am really ashamed to even ask this question from you all.
My father who is 80 years old is going to rent out one of our floors. He is the legal Owner of the property while at his age, i manage all the documentation. I would be getting this rent agreement registered in court with the tenants that are yet to take possession. May my father have a long life but I am very worried as my father has not yet created any will and he is really ageing.
My question is regarding the rent agreement with the tenant. Can we add a clause in the rent agreement that states that, in event of any unforeseen demise of the owner, the rent should by the tenant should be paid to me, till the time the legal heir's are settled ?
Thanks and Regards
Ravi
kavksatyanarayana
(Expert) 05 March 2020
It is not necessary. After your father, all the legal heirs have equal shares if it is his own property. If all other legal heirs agreed to take the rent amount by you, they shall give a NOC by an Affidavit signed by Notary is the best.
Raj Kumar Makkad
(Expert) 05 March 2020
Yes. The term you desire can definitely form part of the rent agreement subject to the consent of your father.
Querist :
Anonymous
(Querist) 05 March 2020
Narayana Sir.... problem is, my father does not believe in a will and I don’t want a tenant to take advantage of this unknowingly. All I want, is, that in event of an unforeseen circumstance, the tenant does not keep possession till a legal heir issue is not sorted out at the owners end. You see, it’s very common in Delhi.
Querist :
Anonymous
(Querist) 05 March 2020
Makkah Sir.... it looks like you have visualised my concern. I would be great full if you could help me with a legal language around this thing.
Raj Kumar Makkad
(Expert) 06 March 2020
As already replied the term in the Rent Agreement can be inserted like- In case of the demise of the landlord, the second party i.e. the tenant shall be liable to continue paying the agreed amount of rent in favour of .......son of the landlord Shri..... till the legal heirs issue of the landlord is decided/sorted out and the tenant thereafter shall pay the rented amount in favour of the person to be decided by the legal heirs of the landlord.
KISHAN DUTT KALASKAR
(Expert) 06 March 2020
Dear Sir,
You may include such clause with the consent of both your father and tenant. Otherwise you being the legal heir and titled for rents after the death of your father if refused then approach a Civil Court and get deposit such rents in the Court.
Rajendra K Goyal
(Expert) 16 March 2020
You may enter into an agreement having clause mentioned by the expert Raj Kumar Makkad ji. Consent of your father is must for the same.
T. Kalaiselvan, Advocate
(Expert) 21 March 2020
I endorse the views expressed by learned expert Mr. Makkad sir, the desired clause can be inserted in the rental agreement keeping in view of the foreseen event.
No doubt the legal heirs are entitled to the future rental amount after the lifetime of the owner, but then it will take time to prove their title, hence this arrangement is a better option and it is legally valid when the parties to the agreement have given their consent out of their fee volition
