House rental l&l agreement by nominee

Venkat Chandramoleshwar (Querist) 25 June 2020 This query is : Resolved
My mothers passed away recently. She wanted to rent the place to a tenant from next month but the agreement paperwork was not signed. My sister and I are nominees for the house property. Can we do a lease agreement with this tenant?

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If your mother has passed away and you and your sister are nominees for her house, you can proceed with signing a rental agreement with a tenant. While nominees aren't absolute owners, you are the legal heirs. It's advisable to obtain a legal heir certificate and update society records to reflect your ownership before signing the lease. Consulting a lawyer is recommended to ensure your interests are protected.

Rajendra K Goyal (Expert) 25 June 2020
After the intestate demise of a person property is inherited by his / her legal heirs. Society generally transfer property to registered nominees in their record. Nominee is not the absolute owner.
Nominee can enter into a rent agreement if society has transferred the property in their name.

kavksatyanarayana (Expert) 25 June 2020
You and your sister are only nominees. As your mother expired, you both are the legal heirs of the house. So get the legal heir certificate and get your names entered into society records. For rental agreement/lease agreement shall be signed by you and your sister as owners of the house and tenant as lesseee.

Raj Kumar Makkad (Expert) 25 June 2020
Yes is the sole answer to your query. Even there is no requirement to be owner of the property for the tenancy/lease rather a landlord can also do it, however, now you both are owners in possession of the said property.

Dr J C Vashista (Expert) 26 June 2020
I agree with experts advise, you can execute a rent agreement for the intestate property left by your mother, even as a nominee .

Rajendra K Goyal (Expert) 26 June 2020
Before signing such document, it is better to get it approved from your lawyer to find out whether your interest is protected.

SHIRISH PAWAR, 7738990900 (Expert) 26 June 2020
Hello,

You are a nominee in society share certificate therefore you can let out the flat to tenant. You have to transfer the flat in your name in society share certificate.

Raj Kumar Makkad (Expert) 26 June 2020
Availing services of a professional in such technical issues is always better for safe side.

Rajendra K Goyal (Expert) 26 June 2020
Mostly the charges paid for a professional service prove to be cheaper in actual practice as these result in protecting interest properly.

Raj Kumar Makkad (Expert) 26 June 2020
Yes, but seldom professionals are engaged in such small matters.

Rajendra K Goyal (Expert) 26 June 2020
There are professionals which would readily agree to extend their services.

Raj Kumar Makkad (Expert) 26 June 2020
Why only few, all professionals have their duty to perform their job perfectly including providing their services, the author intends.

Rajendra K Goyal (Expert) 26 June 2020
Some professionals may not be dealing in the required field / matters.

P. Venu (Expert) 26 June 2020
Other than the nominee, are there any other legal heirs?

Raj Kumar Makkad (Expert) 26 June 2020
The author has though not clearly mentioned but has indicated that only two are the legal heirs of the deceased.

Rajendra K Goyal (Expert) 27 June 2020
If there are two legal heirs, they can proceed / execute.

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