Query on landlord

shaila yewale (Querist) 13 February 2024 This query is : Resolved
If landlord dies and she does not have any heirs. However landlord kept tenant without agreement. In her death certificate, landlord added her brother's name as nominee for flat. Now what can be done to transfer the rent and create agreement.

Follow Query

Report Abuse

Message likes : 1 times

Quick Summary

When a landlord passes away without direct heirs, and there's no formal tenancy agreement, the situation can be complex. If a nominee is named on the death certificate, they can temporarily manage the property, collect rent, and hold it aside. However, the nominee doesn't inherit the property themselves; they act as a trustee to distribute it to any legal heirs who can be identified.

T. Kalaiselvan, Advocate (Expert) 14 February 2024
The property can be transferred to the nominee's name first, after that the nominee shall distribute the property to the legal heirs.
For now the nominee can continue to take care of the property on behalf of the legal heirs, collect the rental amount and deposit them in a separate account in order to hand it over to the legal heirs subsequently.

kavksatyanarayana (Expert) 14 February 2024
As per Section 29 of the Hindu Succession Act, 1956, if an intestate has left no heir qualified to succeed to his or her property by the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.

T. Kalaiselvan, Advocate (Expert) 15 February 2024
As the nominee cannot claim right or title to the property to which he or she has been nominated, the nominee can receive the proeprty and hand it over to anyone establishing themselves as the legal heir to succeed to the states of the deceased.

T. Kalaiselvan, Advocate (Expert) 18 February 2024
The nominee cannot claim rights in the property based on his nomination until and unless he is one of the legal heirs. Therefore the nominee can receive the property and distribute it to the legal heirs as a trustee.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries