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Tenant - landlord - rental agreement- will- probated

(Querist) 19 April 2012 This query is : Resolved 
Dear Team,

My uncle, My brother and myself acquired a property containing 2 shops through will(probated 4 months back). As a executor of this will, my uncle has been collecting rent for past 5 years and providing the same to us proportionally after probate. He renewed rental agreement a month back before we got probate order. Now, we plan to include our name in rental agreement(if possible to register new agreement with fresh terms & conditions).

Kindly let us know whether the agreement by my uncle will bind us?



ajay sethi (Expert) 19 April 2012
your uncle was acting as executor of will on behalf of all legal heirs .

at no stage was any objection takne by any legal heirs for last 5 years . the fact that you accepted rent proportionately and di not dispute his authority all these years indicate that you had no objection for the same .

Devajyoti Barman (Expert) 19 April 2012
Any agreement can be changed, modified or altered at any point of time provided both parties mutually agree.
Raj Kumar Makkad (Expert) 19 April 2012
You all have every right to get this done. Your uncle has already performed his role which is not required till unending period as per will. His role was limited only up to the period of probate of the will.
Shonee Kapoor (Expert) 20 April 2012
The said agreement would remain in force as the executioner has done it and no malafide is alleged against him.

However, the same can still be modified if all concerned parties agree to the same.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 20 April 2012
The said agreement would remain in force as the executioner has done it and no malafide is alleged against him.

However, the same can still be modified if all concerned parties agree to the same.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 20 April 2012
The said agreement would remain in force as the executioner has done it and no malafide is alleged against him.

However, the same can still be modified if all concerned parties agree to the same.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 20 April 2012
Apologies for multiple postings, the net was acting funny.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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