amrit (Recptionist) 31 May 2012

Landlord dead

Way back in 1980 I rented rented a property in Delhi on Pagdi system and till date paying Rs. 700 as rent every month.

My Landlord died recently and his Children are fighting among themselves over other properties.

In the meanwhile I continue to enjoy peaceful posession of this Office.

My question is who should I pay the rent to ?

Next question is if I there is NOBODY to ask for rent for the next 5 or 10 years do i automatically become the owner of the premises?

I have 2 of these rented properties from the same Landlord, the first one is a lease hold property and the second is a free hold property.

Any replies will be appericiated.

Warm regards.

Amrit

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 31 May 2012

You pay the rent thru., cheque or DD to the wife of deceased Land Lord. You will not become the owner of the shop.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 31 May 2012

Dear Querist,

On the death of Landlord in absence of a will etc. the property automatically devolves on his legal heirs in equal respects. In such a case if you do want to continue your tenancy (note as a tenant) and do not have plans to assert ownership rights - then you can deposit the rent with the Additional Rent Controller of your area.

As regards being an owner - you are a tenant since you've been paying rent throughout - you can't plead ownership even after 12 years of adverse possession - for the simple reason that you are in possession permissively, however if you plan to assert ownership rights as I've said above, then don't pay rent - if they file a suit deny their title and claim your own.

Regards

Bharat

Advocate (Delhi)

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amrit (Recptionist) 31 May 2012

Sir, the wife of my land lord has been dead for 10 years. Further to that, none of the sons or daughters have ever approached us for rent for the last 6 months. What should I do ?