Property inheritance and rent agreement
Amit
(Querist) 05 September 2013
This query is : Resolved
Dear Experts
I lost my parents in Kedarnath, Uttarakhand disaster happened in June this year. They are missing as did not found any clue or body. We still have not received the death certificate because as per law missing will be declared dead only after 7 years.
We have two properties.
First in the name of father which is on rent and rent agreement was entered by father and tenant.
Second in the name of mother which is our residence.
I used to stay away from parents because of my job.
Now my query is
1 Is it safe to keep continuing the first property on rent till the date of agreement and can it be renewed after that, as property is still not inherited in my name.
2 Can I give our residence house on rent. Is it possible to enter into rent agreement by myself with the tenant, as the house is still in my mother's name and that is also not transferred in my name.
Please guide me on this matter.
ajay sethi
(Expert) 05 September 2013
1) let the period of agreement end . dont renew the agreement
2)since residence is standing in name of your mother you cant give premises on rent till it is transferred in your name
Amit
(Querist) 05 September 2013
Thanks sir for your feedback
Can I enter into agreement as the legal heir of the property
ajay sethi
(Expert) 05 September 2013
no . only after the property is transferred in your name .
Amit
(Querist) 05 September 2013
IS it safe to continue with existing agreement on the first property till the ending of original agreement entered by my father with tenant.
ajay sethi
(Expert) 05 September 2013
as on date you are no tthe owner of the property . you may be one of legal heirs . get property transferred in your name . let the licensee continue till the license period
Amit
(Querist) 05 September 2013
Thanks sir .
Is it possible to transfer the property in my name without having a death certificate.I mean my parent is missing not yet declared dead by the govt.
ajay sethi
(Expert) 05 September 2013
you need death certificate .
Rajendra K Goyal
(Expert) 06 September 2013
Death certificate is required for getting the property transferred in your name.
prabhakar singh
(Expert) 06 September 2013
YOU HAVE NO CHOICE BUT TO WAIT FOR SEVEN YEARS UNLESS DEAD BODY OF PARENTS ARE FOUND MEANWHILE,MUTATION OF PROPERTY IS IMPOSSIBLE IN YOUR NAME.
FOR LEASE ALREADY EXISTING,ONLY IF TENANT AGREES,BETTER TAKE OLDER ONE FROM HIM AND
CREATE A FRESH IN YOUR NAME AS IT CAN BE OBJECTIONABLE ONLY BY YOUR FATHER ONCE TENANT SIGNS A FRESH LEASE MAKING YOU LAND LORD.DO NOT USE WORD OWNER IN LEASE SO PREPARED,ONLY USE WORD LAND LORD AND TENANT.
IN MY OPINION A SIMILAR AGREEMENT OF LETTING CAN BE MADE FOR HOUSE IN NAME OF MOTHER USING EXPRESSIONS LANDLORD AND TENANT,ONCED SIGNED,YOUR RIGHT TO LET CAN BE OBJECTED BY YOUR MOTHER ONLY.
TENANTS WHO WOULD SIGN AS TENANTS ADMITTING YOU LANDLORD CAN NOT PLEA LATTER ANYONE ELSE AGAINST YOU OR AGAINST YOUR PARENTS.
AN UNREGISTERED TENANCY DEED CAN NOT BE FOR A PERIOD MORE THAN TWELVE MONTHS.USUALLY ELEVEN MONTHS TENANCIES ARE CREATED AND RENEWALS ARE MADE AFTER EXPIRY WITH ENHANCED RENT.IF IN U.P. ,DO NOT FIX MONTHLY RENT BELOW 1500/=00 PER MONTH.
Amit
(Querist) 07 October 2013
Thank you Prabhakar Sir. Can you please send me any draft copy of agreement of tenancy as per my requirement as landloard.
Rajendra K Goyal
(Expert) 07 October 2013
Draft copy is not provided, it always differ from case to case, you should contact a local lawyer.
