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Mr. Fahad   07 October 2020

Lease agreement

Hi Everybody,

One of my friends father enter in to agreement of shop lease deed with a tenant to let out for business purpose and after some time my friend father who was(owner died...

Does my friend need to  enter a fresh agreement with tenant ?

Does Agreement between land lord and tenant will be terminated if either party die ?

Please provide your valuable advise.

Thank you.

 

 



Learning

 5 Replies

Adv Vinay Mathur + 8447131770 (Advocate)     07 October 2020

If there is clause in the lease that terminates the lease on death, The agreement continues till expiry of lease and the heirs can make new agreement after that.

If tenent dies then landlord can hold on to estate till the rents are paid by successor and tenency ends.

G.L.N. Prasad (Retired employee.)     08 October 2020

Generally, the Registered lease deed contains a clause that the lease is binding on successors, legal heirs etc and what your friend need to do is contact a local advocate and arrange to issue a notice to the tenant informing death and claiming such rights as the legal heir of lessor demanding payment of lease rent.  It is not clear as to the number of legal heirs or co-sharers.

The law is that a lessee can never dispute the title of the lessor under the doctrine of estopple 

 

P. Venu (Advocate)     08 October 2020

The facts, as posted, lack clarity. Is it that the premises has been leased or is it just a case of agreement to lease? Any how, what is the stand of the other party?

Dr J C Vashista (Advocate)     09 October 2020

Let your friend may continue the lease deed, if convenient to him /her.

Mr. Fahad   11 October 2020

experts, Thanks for your valuable advise.. 


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