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Land owner expired. What to do ?

Querist : Anonymous (Querist) 14 June 2011 This query is : Resolved 
We have taken land on lease from one land owner. Now that land owner has expired and his son is asking us to pay rent to him. What documents we should ask from him to confirm that he is only the legal heir of that land owner.

Please advice.
R.Ramachandran (Expert) 14 June 2011
Say that you are ready to pay the rent. But before paying, he has to produce the legal heir certificate and you will pay to all the legal heirs equally, unless other legal heirs give a No Objection Certificate to pay the entire rent to him.
Devajyoti Barman (Expert) 14 June 2011
You can ask for Letter of Attornment as well.
bhagwat patil (Expert) 15 June 2011
ask 7/12 extract of his name.if he is unable send MO in name of previous owner it will be returned back to you as he is dead, keep these documents as an evidence to prove your bonafied.
R.Ramachandran (Expert) 15 June 2011
If there are more than one legal heir then the 7/12 extract will show all such names. Therefore, it will not be possible for the lessee to pay the rent to only one legal heir without getting No objection certificate from others.
Further sending rent through MO to a deceased person, especially when the lessee is quite aware that the person has died, in my opinion, will in no way prove any bona fide rather it may show the lessee in very poor light.
prabhakar singh (Expert) 15 June 2011
ASKING FOR A SUCCESSION CERTIFICATE IS BETTER
COURSE.
Querist : Anonymous (Querist) 15 June 2011
Thanks all for your advice.


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